Terms and Conditions for Candidates
Little Steps Nanny and Events Agency – Terms and Conditions of Business for Candidates
Little Steps Agency (Charlotte Warburton trading as Little Steps Nanny and Events Agency of 30 Shaftesbury Mount, Camberley, Surrey, GU17 9JR.
Please read this document carefully as it sets out the terms and conditions of business between Little Steps Agency and the Candidate (you).
1.1. The definitions and rules of interpretation in this clause apply to this agreement.
Assignment: the temporary services to be carried out by the Candidate for the Client, as more particularly described in clause 3 and in the Booking Placement Form.
AWR 2010: the Agency Workers Regulations 2010 (SI 2010/93).
Booking Placement Form: written confirmation of the detail of a particular Assignment to be given to the Candidate on acceptance of that Assignment.
Business Day: a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
Calendar Week: shall have the meaning in regulation 7(4) of the AWR 2010.
Client: the person, firm, partnership, company or Group company (as the case may be) to whom the Candidate is Introduced.
Conduct Regulations 2003: the Conduct of Employment Agencies and Agency Regulations 2003 (SI 2003/3319).
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, the Agency for the time being confidential to the Client, the Agency and including (but not limited to) information that the Candidate 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.
Engage: the employment of a Candidate or the engagement directly or indirectly through any Agency other than through the Agency (whether for a definite or indefinite period) of a Candidate as a direct result of any Introduction or Assignment to the Client and the term Engaged shall be construed accordingly.
Group: in relation to a company, that company, each and any subsidiary or holding company from time to time of that company, and each and any subsidiary from time to time of a holding company of that company. holding company: has the meaning given in clause 1.5.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
Introduce: the provision to the Client of information by the Agency by way of a curriculum vitae or in such format as the Client may from time to time require which identifies the Candidate and Introduction and Introduced shall be construed accordingly.
Introduction Fee: a fee payable by the Client to the Agency in the circumstances set out in clause 4.
Rate of Pay: the rate of pay that will be paid to the Candidate prior to completion of the Qualifying Period. Such rate will be paid in a manner agreed between the Candidate and Client.
Relevant Period: shall have the meaning set out in regulation 10(5) and (6) of the Conduct Regulations 2003.
Relevant Terms and Conditions: the relevant terms and conditions as defined in regulation 6 of the AWR 2010 that apply once the Candidate has completed the Qualifying Period.
Required Assignment Information: shall have the meaning set out at clause 3.3.
Subsidiary: has the meaning given in clause 1.5.
Candidate: a worker Introduced and supplied by the Agency to the Client to provide services to the Client not as an employee of the Client, who is deemed to be an agency worker for the purposes of regulation 3 of the AWR 2010.
Vulnerable Person: shall have the meaning set out in regulation 2 of the Conduct Regulations 2003.
WTR 1998: the Working Time Regulations 1998 (SI 1988/1833).
1.2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.
1.3. The Schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.
1.4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5. A reference to a holding company or a subsidiary means a holding company or a subsidiary (as the case may be) as defined in section 1159 of the Companies Act 2006. In the case of a limited liability partnership which is a subsidiary of a company or another limited liability partnership, section 1159 of the Companies Act 2006 shall be amended so that: (a) references in sections 1159(1)(a) and (c) to voting rights are to the members' rights to vote on all or substantially all matters which are decided by a vote of the members of the limited liability partnership; and (b) the reference in section 1159(1)(b) to the right to appoint or remove a majority of its board of directors is to the right to appoint or remove members holding a majority of the voting rights.
1.6. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.7. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.8. A reference to writing or written includes e-mail.
1.9. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.10. A reference to this agreement or to any other agreement or document referred to in this agreement is a reference to this agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this agreement) from time to time.
1.11. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. The agreement
2.1. These terms set out the entire agreement between the Agency and the Candidate for the supply of services to the Client and shall govern all Assignments undertaken by the Candidate (including, for the avoidance of doubt, where the Candidate undertakes an Assignment without having signed these terms). No contract shall exist between the Agency and the Candidate between Assignments.
2.2. For the avoidance of doubt, this agreement constitutes a contract to refer the Candidate to the Client and not a contract of employment between the Agency and the Candidate or the Candidate and the Client.
2.3. For the purposes of the Employment Agency Act 1973, the Agency acts as an Agency in relation to the Introduction of the Candidate to the Client.
3.1. The Agency will endeavour to obtain suitable Assignments for the Candidate to perform the type of work specified in the Booking Placement Form. The Agency is not obliged to offer an Assignment to the Candidate and the Candidate shall not be obliged to accept any Assignment offered by the Agency.
3.2. The Candidate acknowledges that the nature of temporary work means that there may be periods when no suitable work is available. The Candidate agrees that suitability of a Candidate for an Assignment shall be determined solely by the Agency and the Agency shall incur no liability to the Candidate should it fail to offer Assignments of the type of work specified in the Booking Placement Form or any other work to the Candidate.
3.3. Except as provided below, at the same time as an Assignment is offered to the Candidate, the Agency shall provide the Candidate with the following information (the Required Assignment Information):
(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 Candidate in that position would be required to do, the location at which, and the hours during which, the Candidate would be required to work;
(d) the Rate of Pay and any expenses payable by or to the Candidate;
(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 Candidate to possess in order to work in the Assignment.
3.4. Where the Required Assignment Information is not given in paper form or by electronic means, the Agency shall confirm it in writing or electronically as soon as possible and in any event no later than the end of the third Business Day following the day on which the Assignment was offered to the Candidate.
3.5. Unless the Candidate requests otherwise, clause 3.3 will not apply where the Candidate is being Introduced to the Client to work in the same position as one in which the Candidate has previously been supplied within the previous five Business Days and the Required Assignment Information (with the exception of the date or likely duration of the Assignment) is the same as that already given to the Candidate.
3.6. Subject to clause 3.5 and clause 3.7, where the Assignment is intended to last for five consecutive Business Days or less and the Required Assignment Information has previously been given to the Candidate and remains unchanged, the Agency shall provide written confirmation of the identity of the Client and the likely duration of the Assignment.
3.7. Where the provisions of clause 3.6 have been met but the Assignment extends beyond the intended five consecutive Business Day period, the Agency shall provide the remaining Required Assignment Information to the Candidate in paper or electronic form within eight Business Days of the start of the Assignment or by the end of the Assignment, if sooner.
4. Temporary to permanent
4.1. The Candidate acknowledges that the Agency will be entitled to charge the Client the Introduction Fee where:
(a) the Client Engages the Candidate within the Relevant Period; or
(b) the Client introduces the Candidate to a third party (other than another Agency) who subsequently Engages the Candidate within the Relevant Period.
5. Candidate's obligations
5.1. The Candidate is not obliged to accept any Assignment offered by the Agency. If the Candidate does accept an Assignment, the Candidate shall:
(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 Candidate has been informed or of which the Candidate should be reasonably aware;
(c) co-operate with the Agency in the completion and renewal of all mandatory checks, including in relation to the Candidate's right to work in the United Kingdom;
(d) where the Assignment involves working with any Vulnerable Persons, provide the Agency 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 Candidate;
(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 Agency 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.
5.2. If the Candidate accepts any Assignment offered by the Agency, as soon as possible before the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at the Agency's request, the Candidate undertakes to:
(a) inform the Agency of any Calendar Weeks whether before the date of commencement of the relevant Assignment or during the relevant Assignment in which the Candidate has worked in the same or a similar role with the Client via any third party;
(b) provide the Agency with all the details of such work, including (without limitation) details of when, where and the period(s) during which such work was undertaken, the role performed and any other details requested by the Agency; and
(c) inform the Agency if before the date of the commencement of the relevant Assignment the Candidate has:
(i) completed two or more assignments with the Client;
(ii) completed at least one assignment with the Client and one or more assignments with a member of the Client's Group; or
(iii) worked in more than two roles during an assignment with the Client and on at least two occasions has worked in a role that was not the same role as the previous role.
5.3. If the Candidate is unable for any reason to attend work during the course of an Assignment, they should first inform the Agency at least one hour before their normal start time to enable alternative arrangements to be made. If this is not possible, the Candidate should inform the Client and then the Agency as soon as possible.
5.4. If, either before or during the course of an Assignment, the Candidate becomes aware of any reason why they may not be suitable for an Assignment, they shall notify the Agency without delay.
6.1. The Candidate shall be paid for an Assignment by the Client and not by the Agency. The Rate of Pay will be set out in the relevant Booking Placement Form for a particular Assignment or otherwise agreed between the Candidate and the Agency.
6.2. Subject to any applicable statutory entitlement and to clause 8 and clause 9, the Candidate is not entitled to receive payment from the Agency or the Client for time not spent working on the Assignment, whether in respect of holidays, illness or absence for any other reason, unless otherwise agreed.
7. Sickness absence
7.1. If the Candidate is absent from work for any reason, they must notify Charlotte Warburton of the reason for their absence as soon as possible but no later than 8am on the first day of absence.
7.2. In all cases of absence, a self-certification form, which is available from Charlotte Warburton, must be completed on the Candidate's return to work and supplied to Charlotte Warburton. For any period of incapacity due to sickness or injury which lasts for seven consecutive days or more, a doctor's certificate (a "statement of fitness for work") stating the reason for absence must be obtained at the Candidate's own cost and supplied to Charlotte Warburton. Further certificates must be obtained if the absence continues for longer than the period of the original certificate. If the Candidate is certified as "fit for work" the Agency, the Candidate and the Client will discuss any additional measures that may be needed to facilitate the Candidate's return to work. If appropriate measures cannot be taken, the Candidate will remain on sick leave and the Agency will set a date to review the situation.
8.1. The Agency, the Client or the Candidate may terminate the Assignment at any time without prior notice or liability.
8.2. The Candidate acknowledges that the continuation of an Assignment is subject to and dependent on the continuation of the agreement entered into between the Agency and the Client. If that agreement is terminated for any reason, the Assignment shall cease with immediate effect without liability to the Candidate, except for payment for work done up to the date of termination of the Assignment.
8.3. Unless exceptional circumstances apply, the Candidate's failure to inform the Client or the Agency of their inability to attend work as required by clause 5.3 will be treated as termination of the Assignment by the Candidate.
8.4. If the Candidate is absent during the course of an Assignment and the Assignment has not otherwise been terminated, the Agency will be entitled to terminate the Assignment in accordance with clause 10.1 if the work to which the Candidate was assigned is no longer available.
9. Intellectual property rights
The Candidate acknowledges that all Intellectual Property Rights deriving from services carried out by the Candidate for the Client during the Assignment shall belong to the Client. Accordingly, the Candidate shall execute all such documents and do all such acts as the Client shall from time to time require in order to give effect to the Client's rights pursuant to this clause.
10.1. In order to protect the confidentiality and trade secrets of the Agency and the Client, the Candidate agrees not at any time:
(a) whether during or after an Assignment (unless expressly so authorised by the Client or the Agency as a necessary part of the performance of their duties), to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Client or the Agency; 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 Agency except when required to do so in the course of the Candidate's duties under an Assignment, in which circumstances such copy abstract or summary would belong to the Client or the Agency, as appropriate.
10.2. The restriction in clause 12.1 does not apply to:
(a) any use or disclosure authorised by the Client or the Agency or as required by law a court of competent jurisdiction or any governmental or regulatory authority;
(b) any information which is already in, or comes into, the public domain otherwise than through the Candidate's unauthorised disclosure; or
(c) the making of a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996.
10.3. At the end of each Assignment or on request the Candidate agrees to deliver up to the Client or the Agency (as directed) all documents (including copies), ID cards, swipe cards, equipment, passwords, pass codes and other materials belonging to the Client which are in its possession, including any data produced, maintained or stored on the Client's computer systems or other electronic equipment.
11. Data protection
11.1. The Agency and the Client will collect and process information relating to the Candidate in accordance with the privacy notice which is on the Agency’s website. The Candidate is required to check the box stating they have read the privacy notice and agree.
12. Warranties and indemnities
12.1. The Candidate warrants that:
(a) the information supplied to the Agency in any application documents is correct;
(b) the Candidate 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 Candidate to possess in order to perform the Assignment;
(c) the Candidate is not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, Agency or client) or any other reason, from fulfilling the Candidate's obligations under this agreement; and
(d) the Candidate has valid and subsisting leave to enter and remain in the United Kingdom for the duration of this agreement and is not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.
12.2. The Candidate shall indemnify and keep indemnified the Agency and the Client against all Demands (including legal and other professional fees and expenses) which the Agency or the Client may suffer, sustain, incur, pay or be put to arising from or in connection with:
(a) any failure by the Candidate to comply with its obligations under this agreement;
(b) any negligent or fraudulent act or omission by the Candidate;
(c) the disclosure by the Candidate of any Confidential Information;
(d) any employment-related claim brought by the Candidate in connection with the Assignment; or
(e) the infringement by the Candidate of the Client's Intellectual Property Rights.
13. No partnership or agency
13.1. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
13.2. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
14. Entire agreement
14.1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
14.2. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
14.3. No variation of this agreement shall be effective unless it is in writing and signed by each of the parties (or their authorised representatives). A written copy of the varied terms, including the date from which they take effect, shall be given to the Candidate no later than the fifth Business Day following the day on which the variation was agreed.
14.4. Nothing in this clause shall limit or exclude any liability for fraud.
14.5. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
15. Third Party rights
No one other than a party to this agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
16.1. Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(b) sent by email to firstname.lastname@example.org.
16.2. Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt [or at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.
(c) if sent by email, at 9.00 am on the next Business Day after transmission.
16.3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, "writing" shall not include e-mail.
17.1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
17.2. If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
18. Governing law
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
This agreement has been entered into on the date that the Candidate communicates to the Agency that the Terms and Conditions are accepted.