Recruitment Terms of Business

for Retail Human Resources Ltd trading as RHR

herein referred to as “we” or “us”

Fees, payments and rebates

1. File Search

This is the normal approach associated with recruitment consultancy and is based on us reviewing our own extensive files and most of the commercial CV banks. It may also include specific advertising on your behalf. Fees would be calculated on a percentage of first year’s salary, including any guaranteed payments. A car would be deemed at £6,000 per annum. For overseas clients, the fee charged is calculated using the prevailing exchange rate (as at Barclays Bank plc) on the date the invoice is issued.

1.1 Multi-Agency/Consultancy: If the job role is briefed to other agents or consultants, our fee would be 24% of first year’s salary.

1.2 Sole Agency: If we are handling the role exclusively, the fee would be 20% of first year’s salary.

1.3 Retained: If a retainer of no less than £500 is agreed and paid at the commencement of the assignment, then our fee would be 18% of first year’s salary, less the retainer already paid.

1.4 Multiple vacancies: Discounts may be offered dependent on the level of exclusivity. The most generous discounts are available when we are retained. Please ask for a quote.

1.5 Search Assignments: For certain specialist, senior or confidential roles, fees are charged in three stages and range between 24% and 33%. Please ask for a quote.

2. Payment

2.1 Placement fees will be invoiced on written acceptance of an offer to a candidate introduced by us. All invoices for placement fees and expenses are payable within seven days of their invoice date or seven days after the candidate commences employment, whichever is the later.

2.2 Interest at 4% above the base rate prevailing at Barclays Bank plc will be charged on all late payment.

2.3 All invoices are subject to VAT at the prevailing rate.

2.4 Our bank details are written on our invoices for ease of reference. The client should confirm it has our exact bank details for payment and, if these differ from those listed on our invoices, the client should contact us at once. The client is responsible for ensuring that payment has been made to the correct account.

2.5 All payments should be made in Sterling (GBP). Any charges for currency exchange and all bank transaction fees will be borne by the client.

3. Rebates

3.1 If a candidate placed by us is dismissed for poor performance or disciplinary issues (excluding redundancy, constructive or unlawful dismissal), a rebate will be made to the client’s account according to the following scale: termination of employment within 1 week: full rebate, reducing by 12.5% for each following week until week 8.

3.2 The rebate will be applied to the client’s account and shall not take the form of a cash refund but will be applied to future sales. All rebates are subject to the client paying our invoice by the due date.

3.3 The rebate will be calculated from the date the candidate’s termination takes effect. The client must notify us within 5 days of the termination.

3.4 No rebates will be provided where a fee discount has been given, unless otherwise stated in writing by us.

3.5 This clause applies to full-time/part-time employment only and does not apply to a fixed term contract, consultancy agreement or a subsequent offer of full-time/part-time employment.

3.6 Any rebate not claimed within 2 years of termination will be cancelled.

Special conditions

4. Fixed Term Contracts

4.1 Our fees are calculated at 24% of the anticipated gross basic remuneration for the duration of the fixed term contract. Fees are payable upon receipt of the candidate’s written acceptance of the offer of employment. Fixed term contracts attract no rebate facility.

4.2 Should a contract be extended or renewed for any reason, a further fee of 24% of the anticipated gross basic remuneration will be charged for the duration of the extended period. Fees will be charged, and are payable, at the beginning of any additional period. The maximum fee chargeable in aggregate will be the first year’s annual guaranteed remuneration.

5. Consultancy Arrangements

5.1 For any consultancy arrangement agreed with any of our candidates where no specific starting salary has been specified and where remuneration is based on a commission or other form of payment other than an agreed rate or total remuneration, a fee plus a percentage of the total commission or other form of payment paid in the first year will be agreed in advance in writing.

5.2 The balance of the fee element and the percentage of the total commission or other form of payment paid in the first year is payable upon receipt of the candidate’s written acceptance of the offer of employment.

5.3 In the absence of any prior written agreement, a minimum charge of £5,000 will be made for the fee element of any such introduction.

5.4 Where a candidate is offered a zero-hour contract, the assumption will be that this is a full-time position unless otherwise notified and agreed with us at the commencement of the project. The annual salary will be calculated as the hourly rate for a 40-hour week. The minimum fee would be £5,000 unless otherwise agreed.

6. Employment of our staff: A fee will be charged if the client employs a current employee of ours with whom the client was dealing, in the course of us providing recruitment services. This is charged upon the acceptance of an offer of employment to our employee at a flat fee of £15,000. No rebate facility is provided when employing our employee.

7. Withdrawn offers: Where an offer of employment has been made to the candidate in writing by the client and is subsequently withdrawn after acceptance by the candidate through no fault of the candidate’s, the normal recruitment fee will be payable by the client.

8. Offers to consultants and fixed term contract workers: Where there is an intention to offer a formal contract of employment to a candidate after an initial trial or probationary period or after a fixed term contract or otherwise, it will be deemed that an agreement has been entered into between the candidate and the client for full time/part-time employment. Fees will be charged in accordance with clause 1.

Similarly, if a candidate introduced by us and employed on a fixed term contract, or a consultancy arrangement is subsequently taken into full-time/part-time employment by any company within your group of companies, a fee according to clause 4 is payable, less any fees already paid in accordance with clause 4 or 5. No rebate will be given for any fee already charged.

9. Source of candidates: We will generate candidates through various methods of attraction including advertising. In accepting these terms and conditions the client consents for us to advertise this vacancy both on and offline, subject to any confidentiality requirements set out by the client when instructing us to recruit. Any print media advertising that includes the client’s own branding will be submitted to the client for approval before going to press. The client’s own logo can be used for online advertising on our website and other commercial job boards unless we have been specifically instructed not to do so.

10. Validity of introduction: We will always discuss our client with the candidate and seek permission for details to be forwarded before the submission is made. We will submit candidates in good faith to all vacancies registered with us by a client. We assume that the introduction of a candidate is valid unless the client notifies us within 48 hours of the introduction that the candidate has been submitted by another agency or has applied directly to the client and is in discussion with the client in relation to this vacancy. We would highlight that the existence of the candidate on an internal database of the client does not invalidate our introduction, unless the client is engaged in active discussions at the time the candidate’s CV is submitted by us. Where a candidate has been submitted and is initially rejected by the client (for reasons other than those stated above), or if the candidate rejects an offer of employment and is subsequently employed by the client in any capacity within a period of up to and including 12 months after the initial introduction date, the client shall be responsible for the full applicable fee resulting from such employment. Similarly, an approach made by the client to a candidate on social media and networking sites or through a CV database, which is not reciprocated, does not invalidate our introduction. Only when a two-way conversation has been engaged in by the client and candidate would this invalidate the introduction.

11. Expenses incurred: Consultant input into the review process is without charge. However, where our staff are required to travel on behalf of the client, this will be charged at the 2nd class rail fare or 55p per mile whichever is the lesser. All such invoices will be invoiced monthly and full details given.

Legal

12. Confidentiality: All information supplied by us is strictly confidential and must not be released to any third party without prior written consent.

13. GDPR: We will always seek the candidate’s consent to submit their personal details to the client for the sole purpose of facilitating the obligations of each party under these terms and conditions of business. The consent will allow the client to retain these details on their files for the duration of the valid introduction period. At the end of that period, the client must delete the details from their files/data system or arrange for further consent to be obtained by us from the candidate. By agreeing to the terms of this contract, the client is confirming that they are fully compliant with the GDPR regulations and data protection policies within the UK, or in whichever jurisdiction the client is based.

14. Right to work in the UK or relevant jurisdiction: The responsibility for confirming a candidate’s right to work in the UK lies with the client. We will make reasonable attempts to confirm a candidate’s right to work. Should we become aware that a candidate does not have the right to work in the UK after submission to the client, we will draw this to the attention of the client.

15. Limit of liability: We do not take up references on candidates unless specifically requested to do so and we have the candidate’s explicit permission. We take no responsibility for the accuracy or otherwise of any references or any other information supplied by the candidates. The final decision as to the suitability of the candidate rests solely with the client. We accept no liability whatsoever on behalf of ourselves, our servants or agents for any loss of profit or any indirect special or consequential loss arising out of or in connection with any introduction made (except in respect of death or personal injury resulting from our negligence).

16. Third Parties: Any candidate introduced by you to a third party, whether associated or otherwise, resulting in employment of the candidate will result in a full fee being payable by the client or the third party, in accordance with these terms and conditions of business. Both the client and the third party will be held jointly and severally liable for the fee; and the client undertakes to communicate this to the third party.

17. Acceptance of our terms: Making any offer of employment to any candidate introduced by or on behalf of us is deemed to be acceptance of these terms and conditions of business. Similarly inviting one of our candidates to an interview will also constitute acceptance of these terms and conditions.

18. Entire Agreement: These terms and conditions of business constitute the entire agreement and understanding of the parties and supersede all prior terms and conditions, agreements, understandings and arrangements with respect thereto and may not be modified except by an instrument in writing signed by the parties or their authorised representative.

19. Severance: If any provision or term of these terms and conditions of business or any part thereof shall become or be declared illegal, invalid, or unenforceable for any reason whatsoever including, but without limitation by, reasons of the provisions of any legislation or other provisions having the force of law by reason of any decision of any court or any body or authority having jurisdiction over the parties or this agreement, such terms and provisions shall be divisible from these terms and conditions of business and shall be deemed to be deleted from these terms and conditions of business in the jurisdiction required. If any such deletion substantially affects or alters the commercial basis of these terms and conditions of business, each party shall negotiate in good faith to amend and modify these terms and conditions of business as may be necessary or desirable in the circumstances.

20. Jurisdiction: These terms and conditions of business shall be governed by and construed in all respects in accordance with the Laws of England and Wales and each party hereby submits to the exclusive jurisdiction of the English Courts.

21. Notices: The client agrees to accept service of any documents by email, using the email address or addresses normally used by us in the conducting of our business. This includes service of court documents.

22. Variation of terms: We may vary these terms from time to time, and the varied terms will take effect once they have been published on our website. Where such a variation has a significant and immediate effect on a client, the variation will be brought to the attention of the client.