Introduction: We are in the business of providing services to locate work for persons registered on our database of candidates and introducing such candidates to our Clients with a view to direct engagement by a Client. You are seeking work, have provided us with your personal details to be registered on our database of candidates, and have asked us to locate work for you. We are prepared to seek work for you on the basis set out in the Agency Terms or the Temporary Work Terms depending upon your requirements, and you wish to accept our services. The types of work (“Work Types”) we shall seek for you are specialist substance misuse positions.
Agency Terms
1 Whilst your details are registered on our database
(a) wemay from time to time and at our sole discretion search for employment opportunities for you, usually within the Work Types, and if we consider any opportunity may be suitable we may inform you of this opportunity and any terms proposed
(b) we may, where appropriate in each case, arrange an interview for you to meet a Client and assist in concluding any negotiations but we offer no guarantee that an opportunity we inform you of will be capable of being progressed
(c) in providing the service set out in this clause we are operating as an Employment Agency.
2 If you wish us to find temporary work for you, we may do so in accordance with clause 5.
your obligations
3 In consideration of registration of your details on our database, whilst you are so registered, you agree
(a) to provide us with a full and accurate curriculum vitae if you have not already done so, and, if we request it, proper evidence of your entitlement to work in the United Kingdom and any qualifications or certificates that are referred to in your curriculum vitae or otherwise disclosed by you and you warrant that all information you provide under this clause 3 shall be full and accurate in all material respects
(b) to provide us with any information we reasonably request and any information relevant to the decision of a Client to engage you including information that may result in the best interests of a Client being affected in any way, whether relating to your health or ability to perform work efficiently or otherwise (including charges for criminal offences and undischarged criminal convictions), together with details of any periods of sickness you may have taken during the year preceding the date of this agreement and whether such sickness or any matter relating to it may in your proper opinion be likely to reoccur
(c) to our use of all information and documents we obtain, either from you or from any other party relating to you, for the purpose of locating work for you, including the provision of such information and documentation to a Client, but you may withdraw your consent by notice in writing to us at any time and thereafter we shall only provide such information and documents where required by law
(d) that clause 3(c) shall apply to information received by us both before and after commencement of any engagement we arrange
(e) if we request references, to provide us with names of suitable referees that are not Relatives and you warrant that no referee is a Relative
(f) at all times to act in good faith towards us, and advise us if you wish your registration on our database to be removed
(g) that if we should provide you with information containing details of a Client you will inform us promptly if, within 12 months of the provision of that information, you become employed by or engaged to provide services to, either directly or indirectly, such Client, or any person connected with the Client, together with details of the employment or engagement (although there is no obligation to disclose the identity of the Client).
general
4 It is further agreed that
(a) whilst we shall at all times act in good faith, we may remove your registration from our database at any time, and we have
no obligation to provide you with any information or service other than specifically as set out in this agreement or required by law
(b) we do not guarantee that any work will be found and we do not accept any liability if we do not locate any such work for you, nor do we guarantee that any work found will be suitable for you
(c) you recognise that a Client may withdraw an opportunity at any time before you have formally agreed to become engaged by such Client, and, whilst we shall endeavour to obtain accurate information from a Client, whether as to a role or the nature of the work or otherwise, we accept no liability for information we have passed to you in good faith and cannot guarantee the accuracy of such information
(d) you consent to our retention and use of all records and information from you to enable us to comply with our statutory obligations
(e) we shall not be liable for any loss or damages if work found for you is not suitable, for any action tort or breach of contract by a Client, for any failure by us to provide any information or service, save to the extent strictly required by law or arising out of any representation made by a Client or us to you derived from inaccurate or incomplete information provided by a Client to us
(f) without prejudice to clause 4(e) our liability in any event, save for monies due for work done, shall be limited to direct loss only and shall not exceed £50,000 save where a limit is precluded by law
(g) no provision in this agreement is intended to, nor shall it, affect or prejudice any right you may have under any law relating to discrimination
(h) the provisions of this agreement including this provision are reasonable
(i) each portion of this agreement, defined by punctuation, and paragraphs, is separate, distinct and severable and to give meaning to the intention of you and us the Court may modify any portion of this agreement that may otherwise be void; subject thereto any void portion may be severed, and the remaining provisions, including any such modified hereunder, shall continue in force
(j) clauses intended to have effect following termination shall survive termination
(k) this agreement will continue until terminated on one week’s written notice by one party to the other, save that you may not give notice during any Period of Temporary Assignment unless the Temporary Assignment Terms permit you to do so
(l) this agreement is the sole agreement between you and us, supercedes any previous agreement between you and us relating to our services, and may not be varied save by agreement of both you and us (whether orally or otherwise) and confirmed in writing by us and signed by our authorised officer
(m) the Laws of England and Wales govern this agreement and the English Courts have sole jurisdiction.
temporary work
5 If we locate temporary work that may involve our supply of you to a Client, we may offer you such work. If you accept the work offered the terms set out in the Schedule to this agreement apply from the date of your acceptance until the date the work ceases in each and every case. The Schedule is for all purposes a separate agreement contained within this document for convenience only, but is subject to the terms set out in clauses 3 and 4.
definitions and meanings
Client - a client of ours, including any third party with whom we have a relationship of any kind as a client, or potential client,who may be interested in employing you, or does employ you, or who may wish to utilise your services in any way
Relative - someone related toyou, being your spouse (including by definition a civil partner) or former spouse, or being your (a) father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter, (b) brother, sister, uncle, aunt, niece, nephew or first cousin, (c) any such whether of the full blood or of the half blood or by marriage or civil partnership