These are the standard terms of business of Ashford Neath Recruitment Ltd, trading as Ashford Recruitment, for hirers engaging us. They apply alongside the assignment details we agree with you before any worker is supplied.
1. Definitions
- We, us, our means Ashford Neath Recruitment Ltd (company number 12856948), trading as Ashford Recruitment, whose registered office is The Oakley, Kidderminster Road, Droitwich, Worcestershire WR9 9AY and whose trading address is 89 Mason Rd, Redditch B97 5DQ.
- You, the Hirer means the business engaging us to supply workers.
- Temporary Worker means a person supplied by us to work under your supervision and direction.
- Candidate means a person we introduce to you for permanent engagement.
- Assignment means the period during which a Temporary Worker is supplied to you.
- Engagement means employing or otherwise using a Candidate or Temporary Worker directly or through another party.
2. The contract
These terms apply from the earlier of the date you first request workers from us and the date a worker starts an Assignment. Your acceptance of a worker is deemed acceptance of these terms. Any variation must be agreed by us in writing.
3. Our obligations
Before supplying anyone we will take reasonable steps to confirm that they have the experience, training, qualifications and authorisation you have specified and that they are willing to work in the role. Every worker we supply is:
- Telephone screened and interviewed
- Vetted through work history checks
- Reference checked, to a minimum of two references
- Verified for right to work and identity
- DBS checked where the role is eligible and a check is required
- Assessed against your site-specific requirements
- Issued with relevant PPE and manual handling training where applicable
We will tell you promptly if we become aware of anything that makes a worker unsuitable.
4. Your obligations
You will give us the information we need to supply a suitable worker, including the type of work, the location, the hours, the start date, any qualifications or authorisations required by law or by a professional body and any risks to health and safety together with the steps you have taken to prevent or control them.
Temporary Workers work under your supervision, direction and control. You are responsible for their day to day management, for their health and safety while on your premises and for providing appropriate induction, supervision and equipment beyond any PPE we supply.
5. Charges for temporary workers
Charges are calculated on the hours worked by the Temporary Worker, at the rate agreed with you in writing before the Assignment begins. Our charge comprises the worker’s pay, employer’s National Insurance, holiday pay, pension contributions where applicable and our fee.
Overtime, night, weekend and bank holiday rates are as agreed in the assignment details. Charges are subject to VAT.
6. Timesheets and payment
At the end of each week the Temporary Worker will submit a timesheet for the hours worked. By signing or approving a timesheet you confirm that the hours are correct and that the work was performed satisfactorily. If you dispute any hours you must tell us promptly, giving your reasons.
Invoices are payable in accordance with the payment terms agreed with you in writing. We may charge interest on late payment under the Late Payment of Commercial Debts (Interest) Act 1998.
7. Permanent introductions
Where we introduce a Candidate whom you subsequently Engage, an introduction fee is payable, calculated as a percentage of the Candidate’s first year remuneration. The applicable percentage will be confirmed in writing before introduction.
A rebate applies if the Engagement terminates within a defined period, provided you have notified us in writing within seven days of termination and all sums due to us have been paid.
8. Transfer fees
Where you Engage a Temporary Worker supplied by us directly, or introduce them to a third party who Engages them, a transfer fee is payable, unless you elect instead for an extended period of hire. This reflects our right under Regulation 10 of the Conduct Regulations to charge a transfer fee where an introduction leads to direct engagement.
You have the right to choose an extended period of hire instead of paying a transfer fee. We will tell you the length of that period on request.
9. Unsuitability
If a Temporary Worker proves unsatisfactory, tell us as soon as possible. Where you notify us within the first four hours of an Assignment and end it immediately, no charge is made for those hours, provided the reason relates to the worker’s suitability.
10. Liability
We do not exclude liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be excluded.
Subject to that, we are not liable for any loss arising from the acts or omissions of a Temporary Worker while under your supervision and control, nor for indirect or consequential loss. Our total liability in respect of any Assignment is limited to the charges paid by you for that Assignment.
11. Confidentiality and data protection
Each party will keep confidential the other’s commercially sensitive information. Both parties will comply with UK data protection law in respect of personal data shared under these terms. Our Privacy Policy explains how we handle personal information.
12. Modern slavery
We are committed to preventing modern slavery and human trafficking in our business and supply chains, as set out in our Modern Slavery Statement. You agree to notify us immediately of any concern arising in connection with a worker we have supplied.
13. Termination
Either party may end an Assignment by giving the notice agreed in the assignment details. We may withdraw a Temporary Worker immediately where we reasonably believe there is a risk to their health, safety or welfare.
14. Law
These terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.