Terms of Business for the Supply of Permanent Staff

1. Definitions

1.1 In these Terms of Business, the following definitions apply:

‘Applicant’ - means the Person introduced by the Company to the Client for an engagement.

‘Client’ - means the Person, Firm, or Corporate Body together with any subsidiary or associated Company to whom the Applicant is introduced or it’s subsidiary Companies.

‘Company’ - means Pension Works Limited, Booths Park 5, Chelford Road, Knutsford, WA16 8GS.

‘Engagement’ - means the engagement, employment, or use of the Candidate 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 Employment Business, licence, franchise, or partnership agreement.

‘Introduction’ - means (i) the passing to the Client of a curriculum vitæ or information which identifies the Candidate or (ii) the Client’s interview of a Candidate (in person, by telephone or by any other means), following the Client’s instruction to the Employment Business to search for a Candidate; and, in either case, which leads to an Engagement of the Candidate; and “Introduces” and “Introduced” shall be construed accordingly.

‘Remuneration’ - includes basic salary, and guaranteed bonus/commission.

2. The Contract

2.1 These terms of business constitute the contract between the Employment Business and the Client for the supply of permanent or contract staff (to be engaged directly by the Client). They are deemed to be accepted by the Client by virtue of an Introduction or the Engagement of a Candidate, or the passing by the Client of any information about a Candidate to any third party following an Introduction.

3. Privacy and GDPR Policy

3.1 Candidate information released to the Client is subject to the GDPR policy of that Client and the Client is responsible for the protection of that data. Should any data breach occur affecting the security of this data, the Client must inform the Company immediately. A copy of our Candidate Privacy Policy is available here.

4. Notification and Fees

4.1 The Client agrees:

1. To notify the Company at once of any offer of an engagement that it makes to the Applicant.
2. To notify the Company immediately that its offer of an engagement to the Applicant has been accepted and provide details of the remuneration to the Company.
3. To pay the Company's fee within 7 days of the date of invoice.

4.2 No fee is incurred by the Client until the Applicant commences the engagement when the Company will render an invoice to the Client for its fees.

4.3 The Company reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 4% per annum above the base rate from the due date until the date fee is paid.

4.4 The fee payable to the Company by the Client for an introduction resulting in an engagement is calculated following the accompanying Fee Structure.

Our fees are as follows:

• All roles are billed at 10% + VAT of the Candidate’s projected annual remuneration.
• A minimum fee of £2,500.00 + VAT will apply.

4.5 If the engagement is for a fixed term, the fee clause 4.4 will be pro rata. If the engagement is extended beyond the initial fixed term, or if the Client re-engages the Applicant within 12 months of the termination the Client shall be liable to pay a further fee based on additional remuneration

4.6 Should the Engagement be of a self-employed or remunerated by commission only, a fee of £3,000.00 + VAT will be applicable.

5. Refund Guarantees

5.1 To qualify for these guarantees the Client must pay within 7 days of the date of invoice. The Client must also inform Pension Works of the termination of the Applicant’s engagement within 7 days.

5.2 If the Engagement ends before the expiry of the 12 weeks from the commencement of engagement (except where an Applicant is made redundant) the following rebate applies:

5.3 If after the offer of engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client will be liable to pay Pension Works a minimum fee of 5% of the annual remuneration.

5.4 Should the Client or subsidiary or associated Company of the Client re-engage the Applicant within 6 months from the date of termination or withdrawal of the offer, a full fee calculated per 4.3 becomes payable, with no entitlement to refund.

6. Introduction

6.1 Introductions to applicants are confidential. The disclosure by the Client to a third party of any details regarding any Applicant introduced by the Company which results in an engagement with that third party within 6 months of the introduction renders the Client liable to pay the payment of the Company’s fees as set out in clause 4.3 with no entitlement to any refund.

6.2 An introduction fee calculated following clause 4.3 will be charged in relation to any Applicant engaged as a consequence or resulting from an introduction by or through the Company, whether direct or indirect, within 6 months from the date of the Company’s introduction.

6.3 If any employee of the Company with whom the Client has had personal dealings accepts an engagement with the Client within 6 months of leaving the Company's service, the Client shall be liable to pay an introduction fee to the Company per clause 4.4

7. Suitability

7.1 The Company endeavours to ensure the suitability of any Applicant introduced to the Client. However, the Client shall judge the Applicant’s suitability and accept any references provided by the Applicant before engaging such Applicant. The Client shall be responsible for obtaining any required work permits, medical examinations, and/or investigations where appropriate. They must also satisfy other requirements or qualifications required by the law of the Country in which the Applicant is engaged to work.

8. Liability

8.1 The Company shall not be liable under any circumstances for any loss, expense, damage, delay or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its negligence.

9. Law

9.1 These terms are governed by the Law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.

10. Miscellaneous

1. Should a client ever recruit an Employee of Pension Works for an appointment, then a recruitment fee would be charged by Pension Works to the Client.
2. No trial periods are allowed under these Terms of Business during the Employment period with a chosen Candidate.