Terms & Conditions

No variation can be made to these Terms and Conditions of Business without the prior written consent of a Director of Select Recruitment Limited (hereinafter referred to as “the Employment Agency”). These Terms and Conditions of Business will form the basis of a Contract to introduce staff (hereinafter referred to as “the Applicant”), whether via a temporary, contract or permanent basis, to the Employer (hereinafter referred to as “the Client”).

These Terms and Conditions of Business shall be governed by Jersey Law.

These Terms and Conditions of Business are between the Employment Agency and the Client and are deemed to be accepted by the Client by virtue of the introduction or use of an Applicant introduced by the Employment Agency.
 

Permanent Staff

The Client agrees to notify the Employment Agency immediately after an engagement has been accepted and to pay the fee of the Employment Agency within fourteen working days of the commencement of employment. The fee will be calculated on a percentage basis of the annual salary as detailed below:-

Salary of £29,999 and below: 10% of the annual salary, prorated for the period worked
Salary of £30,000 and above: 15% of the annual salary, prorated for the period worked.

On termination of employment, the Employment Agency must be notified in writing of the date of termination within seven days of the termination. The following scale will be reimbursed to the Client:

Within four weeks of engagement: 75% of the fee will be reimbursed
Five to six weeks of engagement: 50% of the fee will be reimbursed
Seven to eight weeks of engagement: 25% of the fee will be reimbursed

The above reimbursements will only apply if the Client has complied with all relevant terms of these Terms and Conditions of Business.

The Client must notify the Employment Agency immediately if, within six months of the termination, either the Client re-engages the Applicant in any capacity or any associated company and/or business of the Client engages the Applicant. Upon the engagement or re-engagement of the Applicant the Client shall become liable for the Employment Agency fees as detailed above.

Temporary Staff

All temporary members of staff (“Temporary Staff”) are deemed to be employed by the Employment Agency who will be responsible for payment of wages or fees to the Temporary Staff and for any deductions and payments of earning related insurance and tax contributions as required by Jersey Law.

Once a Client engages a Temporary Employee if the Client is not already in possession of the Employment Agency’s ‘Supplying Temporary Staff – Client Terms of Business’ they must request sight of them which will form a contract between both parties.

 

Temporary Staff Fees

The Employment Agency charges 17.5% on top of the Temporary Staff hourly rate as a payroll administration fee. In addition to this fee the Employment Agency will invoice for the following:-

• Employer’s Social Security (currently 6.5 %)
• Employee’s legal entitlement to holiday pay (currently 4%)

To summarise, the Employment Agency charges a total of 28%, including said charges, on top of the Temporary Staff’s hourly rate.

As required by Law the Client is liable to pay Temporary Staff bank holiday pay if an assignment falls on a bank holiday.

Should a Client require the services of the Employment Agency purely for the payroll administration of their own temporary staff then they will be charged a fee of 19% (on top of the Temporary staff’s hourly rate). This will be inclusive of secondary Social Security. If this Temporary Staff member is subsequently employed on a permanent basis then there will be no fee payable to the Employment Agency.

Temporary Staff shall be paid weekly in accordance with time sheets which the Client will countersign. The Client will be invoiced weekly and such invoices must be paid within seven days of the invoice (fees are calculated to the nearest quarter of an hour).

In the event of an Applicant engaged as a temporary employee proving unsuitable for the placement, the Client must notify the Employment Agency by the end of the first full working day. In cases of dissatisfaction or unsuitability the Employment Agency will endeavour to provide a suitable replacement.

In the event that an Applicant, engaged by the Client as a temporary employee, is subsequently engaged by the Client, its subsidiary or an associated company/business in any type of employment whether on a permanent, temporary or fixed contract basis within a period of 26 weeks from the termination of the Assignment under which the Temporary Staff was last supplied, the appropriate placement fee will be payable to the Employment Agency as detailed above.

The Employment Agency will endeavour to take up references from previous employers and carry out local credit checks on every Temporary Staff member.

 

Contract Staff

The Client will assume responsibility for payment of wages or fees to the Contract Staff member (hereinafter referred to as “the Contractor”) and where relevant the employer’s Social Security, the Contractor’s tax contributions and any holiday pay and / or Bank Holidays.

The Employment Agency’s Contract Fees are as follows:

Salary of £29,999 and below: 10% of the annual salary, prorated for the period worked
Salary of £30,000 and above: 15% of the annual salary, prorated for the period worked.

In the event that a Contractor, engaged by the Client as a contract employee, is subsequently engaged in any type of employment whether on a permanent, temporary or fixed contract basis by the Client, its subsidiary or associated company/business within a period of 26 weeks from the termination of the Assignment under which the Temporary Staff was last supplied, the appropriate placement fee will be payable to the Employment Agency as detailed above.

Goods and Services Tax (GST)

Temporary Placements
• As required by Law the Client is liable to pay GST (currently at a rate of 5%) on the margin made by the Employment Agency (17.5%) with effect from 1 June 2011 (between 6 May 2008 and 31 May 2011 the rate of GST was 3%).

Permanent & Contract Placements
• All placement fees will be subject to GST (currently at a rate of 5%) on the full value of the invoice.

Payment Terms

On receipt of an invoice from the Employment Agency the Client will have seven days in which to settle a temporary invoice and fourteen for a permanent or contract invoice. Failing to do so will result in interest being charged at 2% over and above the Bank of England base rate on a daily basis. Failure to settle an account will result in legal proceedings being instigated.

Any queries relating to an invoice must be raised with a Director of the Employment Agency within 5 days of the receipt of an invoice.

All introductions from the Employment Agency are strictly confidential. In the event of a Client passing on introductions to any other party and this resulting in an engagement the Client so passing on the introduction will be liable to pay the fee of 100% as if the Client or the Client’s associate had engaged the applicant.

The Employment Agency will endeavour to make every reasonable effort to ensure the suitability of Applicants introduced to the Client. The Client is responsible for establishing any references, medical requirements and work permits regarding the Applicants.

The Employment Agency accepts no responsibility for any loss, damage, injury or delay suffered, howsoever caused, arising from the use of the Employment Agency.

 

With effect from June 2011