These Terms of Business are between:-
Advanced Resource Managers (comprising Advanced
Resource Managers IT Limited and Advanced Resource Managers
Engineering Limited) of Langstone Technology Park, Langstone Road,
Havant, Hampshire, PO9 1SA ( “Company”), and
Individuals seeking to engage the Company’s work-finding
services (“Work-Seekers”)
Whereas
(1) these Terms are deemed to cover the supply of services
by Advanced Resource Managers IT Ltd and Advanced Resource Managers
Engineering Ltd; and
(2) it is understood that the Company may act in its
capacity as Employment Agency (Permanent supply) and / or
Employment Business (Temporary supply); and
(3) the Company operates in the IT, Engineering, Finance,
Legal, Business and associated sectors of the Recruitment Industry,
and offers training services to both Clients and Work-Seekers.
1. DEFINITIONS
1.1 In these Terms of Business the following definitions
apply:
Assignment means the period during which the
Candidate is supplied to render services to the Client
Candidate means the person introduced by the
Company to the Client for an Engagement which may be of Permanent
or Temporary nature, including any officer or employee of the
Limited Company where the individual supplied is a Limited Company
Contractor
Client means the person, firm or corporate body
together with any subsidiary or associated company as defined by
the Companies Act 1985 and any customer of the Client requiring the
services of the Candidate
Conduct Regulations means the Conduct of
Employment Agencies and Employment Businesses Regulations 2003 as
may from time to time be amended.
Engagement means the engagement, employment or
use of the Candidate directly by the Client or any third party or
through any other company on a permanent or temporary bases,
whether under contract of service or for services; an agency,
license, franchise or partnership agreement; directly or through a
limited company of which the Candidate is an officer or an
employee, and Engage/Engaged shall be construed accordingly;
IANA means the Immigration Asylum and
Nationality Act 2006 as may from time to time be amended;
Introduction means (1) the passing to the
Client of a CV or other information which identifies the Candidate
following Client’s instructions to ARM to search for a Candidate or
(2) the interview (in person or by telephone) or Engagement of a
Candidate by the Client or any Third Party who has obtained such
information through the Client’s intermediation following the
passing to the Client by ARM of a speculative CV or other
information with identifies the Candidate;
Job Boards means internet based services
enabling Work-Seekers to actively search for suitable vacancies and
enabling Clients to actively search for suitable Candidates;
Limited Company Contractor means the Candidate,
who may or may not be Opting-Out of the Conduct Regulations, and
whose services are supplied by the Company to the Client through a
Limited Company;
PAYE Contractor means a person Engaged by the
Company on a contract for services basis and paid as an agency
worker in accordance with s.44 of the Income Tax (Earnings and
Pensions) Act 2003.
Opting-Out means the legal act of declaring, by
means of signing an Opt-Out notification, the Conduct Regulations
to be non-applicable to one’s services.
Registration means (i) your registration
through the Company’s website; (ii) completion of the Company’s
(electronic) registration form, or (iii) the provision of Your
Details to the Company by other means in order to be registered as
a Candidate on the Company’s database with a view to using Our
Services
Remuneration includes base salary or fees,
guaranteed and / or anticipated bonus and commission earnings,
allowances, inducement payments, the benefit of a company care and
all other payments and taxable (and, where applicable, non-taxable)
emoluments payable to or receivable by the Candidate for services
rendered to or on behalf of the Client
Our Services means the Company’s specialised
skills, techniques and resources employed to find You suitable
work, which may be of a Permanent or Temporary nature
You means the individual reading these Terms
with a view of engaging the Company’s work-finding services
Your Details means the personal data
(including, but not limited to, your CV) You will be requested to
provide when registering with the Company and any further details
that may be required either by law or upon Client’s request, or
such details as You may have made publicly available through Job
Boards
Your Services means the knowledge, skills,
experience and techniques You will employ to perform your
Assignment
2. GENERAL
2.1 Unless the context requires otherwise, references to the
singular include the plural and reference to the masculine include
the feminine and vice versa.
2.2 The headings contained in these Terms are for convenience
only and do not affect their interpretation.
2.3 Personal data of the Work-Seeker will be held by the Company
in its manual and automated filing systems. The Work-Seeker
consents to the processing and disclosure of such data both inside
and, where necessary, outside the European Economic Area in order
for their services to be performed and this agreement to be
fulfilled.
2.4 These Terms contain the whole agreement between the parties
and supersede and replace any prior written or oral agreements,
representations or understandings between the parties, and in
particular shall supersede any terms set out in any invoice,
timesheet, or other communication issued by the Work-Seeker to the
Company.
3. LAW
3.1 These Terms are governed by the law of England & Wales
and are subject to the exclusive jurisdiction of the Courts of
England and Wales.
4. THE CONTRACT
4.1 These Terms of Business are deemed to be accepted by virtue
of your Registration and / or by virtue of your agreement for the
Company to forward your CV to a Client. The Company will not
forward your CV to any Client without your permission.
4.2 The Company’s work-finding services to You are provided free
of charge.
4.3 No variation or alteration of these Terms of Business shall
be valid unless approved in writing by a Director of the
Company.
4.4 These Terms will not at any time be considered to constitute
a contract of employment between the Work-Seeker and the Company or
any of its Clients.
5. LIABILITY
5.1 the Company shall not be liable under any circumstances
for any loss, expense, damage, delay, costs or compensation
(whether direct, indirect or consequential) which may be suffered
or incurred by You arising from or in any way connected with the
Company seeking suitable work for You or from the Company’s
Introduction of You to or Engagement by the Client or from the
failure of the Company to find You suitable work. For the avoidance
of doubt, the Company does not exclude liability for death or
personal injury arising from its own negligence.
6. THE COMPANY’S OBLIGATIONS
6.1 The Company agrees to do the following:-
6.2 At Registration stage
6.2.1 Give You clear information about Our Services and what
Terms & Conditions apply to Our Services
6.2.2 Register Your Details in line with current Data Protection
requirements and request any further details we may require
6.3 At Search stage
6.3.1 Match your requirements with vacancies on our Database
6.3.2 Provide you with details regarding the position we propose
to put you forward for
6.3.3 Confirm your interest in and suitability for a vacancy
before passing Your Details to the relevant Client
6.4 At Introduction stage
6.4.1 Pass your details to relevant Client(s)
6.4.2 Where applicable provide you with H&S information
relevant to the position
6.4.3 Arrange for an Interview
6.4.4 Inform you of the outcome of your Interview
6.5 At Offer stage
6.5.1 Confirm the Client’s Offer to You
6.5.2 Clarify any questions You might have
6.5.3 Obtain your Acceptance of that Offer
6.6 At Placement stage
6.6.1 If your Engagement is of a temporary nature we will send
You your contract, timesheets and any other relevant
documentation.
6.6.2 If your Engagement is for permanent employment, the Client
will send You your contract and any other relevant
documentation.
7. YOUR OBLIGATIONS
7.1 You agree to do the following:-
7.2 At Registration stage
7.2.1 Provide the Company with complete and accurate personal
details as requested by your the Company consultant or as per the
Registration Form
7.2.2 Provide the Company with proof of your eligibility to work
in the UK (see also clause 8 below)
7.2.3 Provide the Company with names and contact details of at
least 2 professional referees
7.2.4 Inform the Company of the type of work you are looking
for
7.2.5 Provide the Company with copies of any qualifications
relevant to the type of work you are looking for
7.3 At Search stage
7.3.1 Give the Company permission to pass your details to those
Clients whose vacancies you are interested in.
7.3.2 Provide the Company with any additional documentation the
Client may require in order for you to be considered for the
vacancy.
7.4 At Introduction stage
7.4.1 Attend any Interviews arranged for You by your the Company
consultant
7.5 At Offer stage
7.5.1 If your preferred type of work is of a temporary nature,
inform us whether or not you will be providing Your Services as a
Limited Company Contractor; and
7.5.2 If applicable, provide us with a valid Opt-Out
notification.
7.6 At Placement stage
7.6.1 Commence Your Services on the date and time agreed
8. ELIGIBILITY TO WORK IN THE UK
8.1 The Company cannot arrange for your Employment by or
Engagement to a Client unless You have provided proof of your
eligibility to work in the UK as required under the IANA.
8.2 The preferred documents that prove your Eligibility to Work
in the UK are:-
8.2.1 A valid British, EAA or Swiss passport or National
Identity card;
8.2.2 A COMBINATION of (i) full birth certificate issued in the
UK, Channel Islands or Isle of Man showing names of both parents,
AND (ii) an official document showing your name and National
Insurance number (such as your National Insurance card, a P45 / P60
or a letter from a Government agency);
8.2.3 A valid non-EEA passport endorsed with valid Leave to
Remain plus, if applicable, a current work permit.
8.3 Where the document presented is a passport, the following
pages should be presented:-
8.3.1 photo page, all pages containing personal details and the
cover page.
8.4 Where the documents presented are a non-EEA passport
endorsed with valid Leave to Remain, all previous UK endorsements,
if applicable, should be presented as well.
8.5 To avoid Racial Discrimination the Company is obliged to
establish Eligibility to Work in the UK for all its work-seekers,
regardless of nationality and including those holding British
nationality.
9. ASSIGNMENTS
9.1 The Company will seek to match your requirements with
vacancies on its own database. The Company will match your
requirements with both Permanent and Temporary vacancies unless You
indicate otherwise. The Company will identify possible vacancies in
accordance with your preferred type of work as you will have
indicated upon Registration, and will confirm the precise type of
work in the relevant Assignment Schedule.
9.2 If we offer to Engage You (or your limited company) for a
temporary Assignment in our capacity as an employment business, You
(or, as appropriate, your limited company) will be Engaged under a
contract for services. If You are Engaged as a PAYE Contractor the
following terms and conditions will apply: www.arm.co.uk/pdf/Contract-for-Services-Temporary-Workers-PAYE.pdf;
if we Engage Your Services through a limited company and You and
your limited company have not opted-out of the Conduct Regulations
the following terms and conditions will apply: www.arm.co.uk/pdf/Contract-for-Services-Contractors-Not-Opted-Out.pdf;
if we Engage Your Services through a limited company and You and
your limited company have Opted-Out of the Conduct Regulations the
following terms and conditions will apply: www.arm.co.uk/pdf/Contract-for-Services-Contractors-Opted-Out.pdf.
If we introduce and place You for a position direct with a Client
You will not be Engaged by the Company and your contract will be
with the Client, details of which will be confirmed to you at offer
stage.
9.3 To terminate an Assignment we work to a reciprocal
professional notice period of one (1) week, unless specifically
stated otherwise in the relevant Assignment schedule. Notice
periods may vary from Assignment to Assignment depending on
duration, type of work and Client requirements.
9.4 In accordance with Regulation 15(d)(ii) of the Conduct
Regulations we guarantee that the minimum rate of pay we reasonably
expect to realise for You shall be at least equal to the national
minimum wage as applicable at the time of the Assignment. The
actual rate of pay we will be able to secure for You for each
Assignment will vary, and will be confirmed in the relevant
Assignment schedule. We undertake to advise you of the rate
applicable to each Assignment as soon as it is known to us, and to
confirm it in the relevant Assignment schedule.
9.5 If You are Engaged as a PAYE Contractor You can normally be
paid in arrears on a weekly basis. If You are Engaged on a Limited
Company Contractor basis your limited company can be paid in
arrears on a monthly basis. Should You accept an offer of
Engagement final details regarding payment intervals will be
confirmed to You in the relevant Assignment schedule.
9.6 If You are Engaged as a PAYE Contractor You will be entitled
to statutory minimum annual leave and holiday pay in accordance
with the Working Time Regulations 1998 (as amended). Accordingly
You will have an absence entitlement of 28 days per annum (to
include public holidays and bank holidays) (based on a 5 day
working week or pro rated equivalent for part time workers). If You
work as a Limited Company Contractor your limited company will be
responsible for any statutory annual leave and holiday pay
entitlement You may have. The Company will pay the limited company
on a gross basis inclusive of any holiday pay which may be due to
You from the limited company.
9.7 For the avoidance of doubt You will not be considered to be
an employee of either the Company or its Client while working on a
temporary Assignment.
10 HOW TO RAISE A COMPLAINT
10.1 The Company is ISO9001:2008 registered and is obliged to
inform its customers about its complaint procedures. Complaints
should in first instance be addressed to your recruitment
Consultant. In the event that a complaint cannot be settled with
your recruitment consultant You should contact the Company’s
Quality Manager, the Company, Langstone Technology Park, Langstone
Road, Havant, PO9 1SA or email
complaint@arm.co.uk.
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