RECRUITMENT HUB - TERMS AND CONDITIONS OF USE
- In these conditions, the following terms have the following meanings:
‘Assignment’ the services to be carried out by the Worker for the Client;
‘Client’ the person, firm, partnership, company or Group company (as the case may be) to whom the Worker is Introduced or supplied;
‘Confidential Information’ information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, products, affairs and finances of the Client, including, without limitation, technical data and know-how relating to the business of the Client or any of its suppliers, customers, agents, distributors, shareholders, management or business contacts, and including (but not limited to) information that the Worker creates, develops, receives or obtains in connection with the Assignment, whether or not such information (if in anything other than oral form) is marked confidential;
‘Demand’ any action, award, claim or other legal recourse, complaint, cost, debt, demand, expense, fine, liability, loss, outgoing, penalty or proceeding;
‘Introduce’ the provision to the Client of information by the Council by way of a curriculum vitae or in such format as the Client may from time to time require which identifies the Worker and Introduction and Introduced shall be construed accordingly;
‘Worker’ a worker Introduced and supplied by the Employment Business to the Client to provide services to the Client
‘Vulnerable Person’ shall have the meaning set out in regulation 2 of the Conduct Regulations 2003
- These terms set out the terms and conditions of use between the Council and the Worker for the supply of services to the Client and shall govern any or all Assignments undertaken by the Worker (including, for the avoidance of doubt, where the Worker undertakes an Assignment without having acknowledged or accepted these terms). No contract shall exist between the Council and the Worker at any time.
- The Council will endeavour to obtain suitable Assignments for the Worker to perform the type of work which the Worker declares themselves suitable to undertake. The Council is not obliged to offer any Assignment to the Worker and the Worker shall not be obliged to accept any Assignment or introduction offered by the Council.
- The Worker acknowledges that the nature of the assignments offered could mean that there can be periods when no suitable work is available. The Worker agrees that suitability of any Assignment shall be determined solely by the Council and that the Council shall incur no liability to the Worker should it fail to offer Assignments.
- Wherever possible, the Council will provide the following information to a Worker if a suitable assignment or introduction is available;
(a) the identity of the Client, and if applicable the nature of its business;
(b) the date the Assignment is to commence and the duration or likely duration of the Assignment;
(c) the position which the Client seeks to fill, including the type of work the Worker in that position would be required to do, the location at which, and the hours during which, the Worker would be required to work;
(d) the Rate of Pay and any expenses payable by or to the Worker;
(e) any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks; and
(f) the experience, training, qualifications and any authorisation which the Client considers are necessary or which are required by law or a professional body for the Worker to possess in order to work in the Assignment.
The Council does not accept any liability if any of the information listed above cannot be supplied to a Worker at the time that an Introduction or Assignment is made known.
- The Worker is not obliged to accept any Assignment offered by the Council. If the Worker does accept an Assignment, the Worker is expected to:
(a) co-operate with the Client's reasonable instructions and accept the direction, supervision and control of any responsible person in the Client's organisation;
(b) observe any relevant rules and regulations of the Client's organisation (including normal hours of work) of which the Worker has been informed or of which the Worker should be reasonably aware;
(c) co-operate with the Client or the Council in the completion and renewal of all mandatory checks, including in relation to the Worker's right to work in the United Kingdom;
(d) where the Assignment involves working with any Vulnerable Persons, provide the Council and/or the Client with copies of any relevant qualifications or authorisations including an up-to-date Disclosure and Barring Service certificate and two references which are from persons who are not related to the Worker. The Client and/or the Council reserve the right to request further references should they feel that those supplied are unsuitable;
(e) take all reasonable steps to safeguard their own health and safety and that of any other person who may be present or be affected by their actions on the Assignment and comply with the health and safety policies of the Client;
(f) not engage in any conduct detrimental to the interests of the Council or the Client;
(g) comply with all relevant statutes, laws, regulations and codes of practice from time to time in force in the performance of the Assignment and applicable to the Client's business, including without limitation, any equal opportunities or non-harassment policies.
- The Council is merely offering an introductory service to facilitate Workers to have access to opportunities offered by Clients. The Council is not liable for any salary, expense or other remuneration that may be due to the Worker for services they offer to the Client. Further the Council is not responsible for any other benefits due to the Worker such as (but not limited to) annual leave, sick pay or redundancy. All such terms must be negotiated and agreed between the Worker and the Client directly. Remuneration shall be agreed and paid between the Client and the Worker.
- The Worker warrants to the Council that:
(a) the information supplied to the Council in any application documents is correct;
(b) the Worker has the experience, training, qualifications and any authorisation which the Client considers are necessary or which are required by law or by any professional body for the Worker to possess in order to perform any Assignment awarded to them;
(c) the Worker is not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business or client) or any other reason, from fulfilling the Worker's obligations under any assignment; and
(d) the Worker has valid and subsisting leave to enter and remain in the United Kingdom for the duration of any assignment and is not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.
- The Worker shall indemnify and keep indemnified the Council against all Demands (including legal and other professional fees and expenses) which the Council may suffer, sustain, incur, pay or be put to arising from or in connection with:
(a) any failure by the Worker to comply with its obligations under any introduction or assignment;
(b) any negligent or fraudulent act or omission by the Worker;
(c) the disclosure by the Worker of any Confidential Information;
(d) any employment-related claim brought by the Worker in connection with the Assignment;
- In order to protect the confidentiality of both the Council and the Client, the Worker agrees not at any time:
(a) whether during or after an Assignment (unless expressly so authorised by the Client or the Council as a necessary part of the performance of their duties), to disclose to any person or to make use of any Confidential Information of the Client or the Council; or
(b) to make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Client or the Council except when required to do so in the course of the Worker's duties under an Assignment, in which circumstances such copy abstract or summary would belong to the Client or the Council, as appropriate.
(c) The restriction in clause 10 does not apply to:
(d) any use or disclosure authorised by the Client or the Council or as required by law a court of competent jurisdiction or any governmental or regulatory authority;
(e) any information which is already in, or comes into, the public domain otherwise than through the Worker's unauthorised disclosure; or
(f) the making of a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996.
- The Council and the Client and any other intermediary involved in supplying the services of the Worker to the Client will collect and process information relating to the Worker in accordance with relevant data protection laws and any privacy notice which may be made available to the Worker.
The Worker shall strictly comply with all data protection policies of both the Council and any Client when handling personal data including personal data relating to any employee, worker, contractor, customer, client, supplier or agent of the Council or Client.
Failure to comply with any data protection policy may lead to the Council refusing to retain the Worker as a potential candidate for future client vacancies that may arise.
BY USING THE RECRUITMENT HUB YOU ARE EXPRESSLY AGREEING TO BE BOUND BY AND OBSERVE THESE TERMS AND CONDITIONS