These terms constitute the contract between Select and the Client and are deemed to have been accepted by the Client
by virtue of an introduction to, or the Engagement of an Applicant or the passing of any information about an Applicant
to any third party following an introduction. These terms contain the entire agreement between the parties and prevail
over any other terms of business or purchase conditions put forward by the Client.
The Client agrees:
- To notify Select immediately of any offer of an Engagement that it makes to an Applicant.
- To notify Select immediately that its offer of an Engagement to the Applicant has been accepted and to provide details
of the Remuneration to Select;
- To pay Select's fee within 14 days of the invoice. Select reserves the right to charge interest on any accounts that
remain outstanding in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and its amendments.
The fee payable by the Client to Select for the Introduction of an Applicant who subsequently accepts an Engagement is
calculated as a percentage of the Applicant's anticipated annual Remuneration during the first 12 months of the placement.
The fee is payable for any Engagement that takes place within six months of the original Introduction.
The fee varies according to Remuneration and area as follows:
| Annual Remuneration | Rate for London postal districts | Rate for all other areas |
| Up to £15,000 | 17.5% | 17.0% |
| £15,001 to £20,000 | 19.5% | 18.5% |
| £20,001 to £25,000 | 20.5% | 20.0% |
| £25,001 to £30,000 | 25.0% | 25.0% |
| £30,001 and above | 30.0% | 30.0% |
A minimum fee of £1,000 is chargeable on all individual Engagements.
VAT is payable in addition to any fee due. Select may alter this scale from time to time and, if appropriate,
the Client will be advised in writing.
In the event that the engagement is for a fixed term of less than 12 months,
the fee payable is also calculated as a percentage of the Applicant's anticipated annual remuneration.
In order to qualify for the rebate scheme, the Client must have paid Select's standard fee within 14 days
of the date of the invoice and must have notified Select in writing within 7 days of the termination of the Engagement.
The Client will be entitled to the following rebate scheme should the Applicant's Engagement end
(for whatever reason other than redundancy or restructuring, the Applicant's death or that the Client failed
to inform the Applicant of any factors or circumstances relating to the vacancy that may have affected the
Applicant's acceptance of the offer of Engagement):
| 1-2 weeks from date of commencement | 100% rebate or free replacement |
| 3-4 weeks from date of commencement | 50% rebate |
| 5-8 weeks from date of commencement | 25% rebate |
| 9-12 weeks from date of commencement | 10% rebate |
Where notice to end the Engagement is given, the relevant termination date for the purposes of this clause
shall be the date upon which the notice expires.
If within 6 months of the termination, the Client re-engages the Applicant or introduces them to any
other person, firm or company where they are subsequently Engaged in a permanent or temporary position,
the Client will have to pay Select the full Introduction Fee.
Should the Client opt for the free replacement facility, where the Applicant has left within the
first 2 weeks of employment, Select will use reasonable efforts to find a suitable replacement for a
period of 12 weeks thereafter. On successful replacement Select will credit the original invoice and
re-invoice the Client for the replacement. Should the replacement subsequently leave, however, t
here will be no rebate due to the Client.
Applicant Introductions are confidential. The disclosure by the Client to a third party of any details
regarding an Applicant introduced by Select that results in an Engagement with that third party within
6 months of the Introduction renders the Client liable to payment of Select's fee as set out in
clause 1 of this document.
An Introduction fee calculated in accordance with clause 1 will be charged in relation to any Applicant
engaged as a consequence of or resulting from an Introduction by or through Select, whether direct
or indirect, within 6 months from the date of Select's Introduction.
In the event of any employee of Select with whom the client has had personal dealings accepts an
Engagement with the Client within 3 months of leaving Select's employment, the Client shall be liable
to pay an Introduction fee as calculated in clause 1 of this document.
4.1 Select endeavours to ensure the willingness of any Applicant introduced to accept the position
the Client wishes to fill and their suitability by obtaining confirmation of the Applicant's identity,
experience, training, qualifications and professional status as required by law, the Client or a professional body.
When proposing an Applicant to a Client, Select shall inform the Client of such matters noted above where they
have obtained confirmation. If this information is provided verbally it will be confirmed in written form,
either in hard copy or electronically, within 3 working days.
4.2 Select endeavours to take all such steps as are reasonably practicable to ensure that the
Client and Applicant are aware of any requirements imposed by law or any professional body to enable the
Applicant to work in the position that the Client seeks to fill and to ensure that it would not be detrimental
to the interests of either party for the Applicant to work in the position the Client seeks to fill.
4.3 Notwithstanding the above, the Client shall satisfy itself as to the suitability of the
Applicant and take up any references provided by the Applicant before engaging the Applicant.
The Client is responsible for obtaining work permits and/or such other permission to work as may be required,
for the arrangement of medical examinations and/or investigations in to medical history of any Applicant,
and satisfying any medical and other requirements, qualifications or permission required by law of the country
in which the Applicant is engaged to work.
4.4 To enable Select to comply with its obligations under points 4.1, 4.2 and 4.3 above the Client
undertakes to provide Select with details of the position it seeks to fill, the type of work required of the Applicant,
its location and hours, the experience, training, qualifications, and any authorisation required by law,
the Client or a professional body for the Applicant to possess in order to work in the position and any risks
to Health and Safety known to the Client and what steps the Client has taken to prevent or control such risks.
In addition, the Client shall provide details of the date of commencement, the likely duration of the work,
the remuneration and payment intervals and the notice periods applicable to both parties.
Where the Applicant is required by law, or any professional body to have any qualifications or authorisations
to work in the position that the Client seeks to fill, Select will take all reasonable steps to obtain and offer
to provide copies of any relevant qualifications or authorisations of the Applicant, two references from persons
not related to the Applicant who have agreed that the references they provide may be disclosed to the Client and
has taken all reasonably practicable steps to confirm that the Applicant is suitable for the position.
If Select is unable to do any of the above it shall inform the Client of the steps it has taken to obtain
this information in any event.
Select shall not be liable under any circumstances for any loss, damage, expense, delay, costs or compensation
(whether direct, indirect or consequential) that may be suffered or incurred by the Client arising from or
in any way connected with Select seeking an Applicant for the Client or from the failure of Select to
introduce any Applicant.
For the avoidance of doubt, Select does not exclude liability for death or personal
injury arising from its own negligence.
These terms constitute the contract between Select and the Client for the supply of the Temporary Worker's
services by Select to the Client and are deemed to have been accepted by the Client by virtue of its request
for interview with or engagement of the Temporary Worker or the passing of any information about the
Temporary Worker to any third party following an Introduction.
These terms contain the entire agreement between the parties and prevail over any other terms of business
or purchase conditions put forward by the Client.
The Client agrees to pay Select's hourly charges calculated according to the number of hours worked
by the Temporary Worker (to the nearest ¼ hr). The charges comprise mainly of the Temporary Worker's pay,
National Insurance Contributions and any travel, hotel or other expenses as may have been agreed with the
Client, or as are reasonable. VAT if applicable, is payable on the entirety of these charges.
The charges are invoiced to the Client on a weekly basis and are payable within 14 days.
Select reserves the right to charge interest on any accounts which remain outstanding in accordance
with the Late Payment of Commercial Debts (Interest) Act 1998 and its amendments.
When making an Introduction of a Temporary Worker to the Client, Select shall inform the Client of
the Temporary Worker's identity, willingness to work on the assignment and their necessary experience,
training, qualifications and professional status as required by law, the Client or a professional body
to work in the assignment. If this information is provided verbally it will be confirmed in written form
either in hard copy or electronically within 3 working days.
At the end of each week of an Assignment, or at the end of the Assignment if it is for one week or less,
the Client shall sign Select's timesheet verifying the hours worked by the Temporary Worker during that week.
Signature of the timesheet by the Client is confirmation of the number of hours worked and the Temporary
will be paid for the hours confirmed. Changes to the hours confirmed cannot be made once the Temporary has been paid.
If the Client is unable to sign a timesheet because the Client disputes the hours claimed, the Client shall inform
Select as soon as is reasonably practicable and shall cooperate fully and in a timely fashion with Select to
establish what hours, if any, the Temporary Worker worked. Failure to sign the timesheet does not absolve
the Client's obligation to pay the charges in respect of the hours worked.
In cases of unsatisfactory work, the Client should apply the provisions of clause 8 but is required
to sign the timesheet confirming hours worked.
Select assumes responsibility for paying the Temporary Worker and where appropriate, for the deduction
and payment of National Insurance contributions and PAYE Income Tax applicable to the Temporary Worker
pursuant to sections 44-77 of the Income Tax (Earnings and Pensions) Act 2003.
5.1 In the event of the Engagement of a Temporary Worker supplied by Select either directly
to the Client or by the Client pursuant to being supplied by another Employment Business, within
the Relevant Period the Client shall be liable to either:
- an extended period of hire of the Temporary Worker being an additional 26 weeks during which
Select shall be entitled to the charges set out in clause 3 above for each hour the Temporary Worker
is supplied, having given 7 day's notice; or
- a transfer fee calculated as shown below;
The fee varies according to Remuneration and area as follows:
| Annual Remuneration | Rate for London postal districts | Rate for all other areas |
| Up to £15,000 | 17.5% | 17.0% |
| £15,001 to £20,000 | 19.5% | 18.5% |
| £20,001 to £25,000 | 20.5% | 20.0% |
| £25,001 to £30,000 | 25.0% | 25.0% |
| £30,001 and above | 30.0% | 30.0% |
In the event that the salary cannot be accurately established, the Introduction Fee will be 240 times
the hourly rate at which the Temporary was last supplied to the Client.
A minimum fee of £1,000 is chargeable on all individual Engagements.
5.2 In the event that there is an Introduction of a Temporary Worker to the Client that
does not result in the supply of that Temporary Worker by Select to the Client, but which leads to
the Engagement of the Temporary Worker by the Client either directly or pursuant to being supplied by
another Employment Business the Client shall be liable to either:
- an extended period of hire of the Temporary Worker being 26 weeks during which Select shall
be entitled to the charges set out in clause 3 above for each hour the Temporary Worker is supplied,
having given 7 day's notice; or
- a transfer fee calculated as shown in Clause 5.1 above;
5.3 In the event that the Temporary Worker is introduced by the Client to a third party
that results in the Engagement of the Temporary Worker by the third party within the Relevant Period
the Client shall be liable to pay a Transfer Fee as shown in Clause 5.1 above.
Select may alter the scale of fees from time to time and, if appropriate, the Client will be advised in writing.
No rebate of the Transfer Fee will be paid in the event that the Engagement subsequently terminates.
VAT is payable in addition to any fee due. Fees must be paid within 14 days of the invoice date.
6.1 Whilst every effort is made by Select to give satisfaction to the Client by ensuring
reasonable standards of skills, integrity and reliability from a Temporary Worker and further to
provide them in accordance with the Client's booking details, Select is not liable for any loss,
expense, damage or delay arising from any failure to provide any Temporary Worker for all or part
of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the
Temporary Worker. For the avoidance of doubt, Select does not exclude liability for death or personal
injury arising from its own negligence.
6.2 A Temporary Worker supplied by Select is engaged under a Contract for Services.
They are not the employee of Select, but are deemed to be under the supervision, direction and
control of the Client from the time they report to take up duties and for the duration of the Assignment.
The Client agrees to be responsible for all acts, errors or omissions of the Temporary Worker,
whether wilful, negligent or otherwise as though the Temporary Worker was on the payroll of the Client.
The Client will also comply in all respects with all statutes including for the avoidance of doubt,
the Working Time Regulations, Health and Safety at Work Act etc, by-laws, codes of practice and
legal requirements to which the Client is ordinarily subject in respect of the Client's own staff
(excluding the matters specifically mentioned in clause 6 above), including in particular the provision
of adequate Employer's and Public Liability insurance cover for the Temporary Worker during assignments.
6.3 The Client shall advise Select of any special Health and Safety matters about which Select
is required to inform the Temporary Worker and about any requirements imposed by law or by any
professional body, which must be satisfied if the Temporary Worker is to fill the Assignment.
The Client will assist Select in complying with Select's duties under the Working Times Regulations
by supplying any relevant information about the Assignment requested by Select and the Client will
not do anything to cause Select to be in breach of its obligations under these regulations.
Where the Client requires or may require the services of the Temporary Worker for more than 48 hours
in any week, the Client must notify Select of this requirement before the commencement of that week.
6.4 The Client undertakes that it knows of no reason why it would be detrimental to the
interests of the Temporary Worker for the Temporary Worker to fill the Assignment. Select will make
every reasonable effort to ensure that the Temporary suits the Client's requirements in terms of
standards of skills, integrity and reliability. However, neither Select nor anyone acting on Select's
behalf is liable for any loss, expense or damage caused by any act or omission of the Temporary Worker.
Select is not responsible for obtaining work or other permits, references or medical reports.
6.5 The Client shall indemnify Select against any costs, claims or liabilities incurred
by Select arising out of any Assignment or arising out of any non-compliance with clauses
6.2 and/or 6.3 as a result of any breach of these Terms by the Client.
Where the Temporary Worker is required by law, or any professional body to have any qualifications or
authorisations to work on the Assignment, Select will take all reasonably practicable steps to obtain
and offer to provide copies of any relevant qualifications or authorisations of the Temporary Worker,
two references from persons not related to the Temporary Worker Applicant who have agreed that the
references they provide may be disclosed to the Client and has taken all reasonably practicable steps
to confirm that the Temporary Worker is suitable for the position. If Select is unable to do any of
the above it shall inform the Client of the steps it has taken to obtain this information in any event.
8.1 The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client's
satisfaction with the standards of workmanship. If the Client reasonably considers that the services
of the Temporary Worker are unsatisfactory, the Client may terminate the Assignment either by
instructing the Temporary Worker to leave the Assignment immediately, or by directing Select to remove
the Temporary Worker. Select may, in such circumstances, reduce or cancel the charges for the time worked
by that Temporary Worker, provided that the Assignment terminates: -
- Within 4 hours of the Temporary Worker commencing duties where the booking was for more than 7 hours, and
- Within 2 hours where the booking was for 7 hours or less.
and also providing that notification of the unsuitability of the Temporary Worker is confirmed
in writing to Select within 48 hours of the termination of the Assignment.
8.2 The Client, Select or the Temporary Worker may terminate an Assignment at any time
without prior notice and without liability.
8.3 The Client shall notify Select immediately and without delay and in any event
within 24 hours if the Temporary Worker fails to attend work or notifies the Client that the
Temporary Worker is unable to attend work for any reason.
8.4 Select shall notify the Client immediately if it receives or otherwise obtains information,
which gives it reasonable grounds to believe that a Temporary Worker supplied to the Client is unsuitable
for the Assignment, and shall terminate the Assignment under the provision of clause 8.2.
In these Terms of Business the following definitions apply:
"Applicant" means the person introduced by Select to the Client for an engagement including
any officer or employee of the Applicant if the Applicant is a limited company and members of Select's own staff.
"Assignment" means the period during which the Temporary Worker is supplied to render services to the Client.
"Agency" and "The Employment Business" means Select Appointments Plc (Select) of Regent Court, Laporte Way, Luton, Beds LU4 8SB.
"Client" means the person firm or corporate body, together with any subsidiary or associated
company as defined by the Companies Act 1985, to which the applicant is introduced or to who the
Temporary Worker is supplied or introduced.
"Engages"/"Engaged"/"Engagement" means the engagement, employment or use of the
Applicant or Temporary Worker directly by the Client or any third party on a permanent or temporary basis,
whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement;
or any other engagement; directly or through a limited company of which the Applicant or Temporary Worker is
an officer or employee.
"Introduction" means the Client's interview of an Applicant or Temporary Worker in person or by
telephone, following the Client's instruction to Select to search for an Applicant or to supply a
Temporary Worker; or the passing to the Client of a Curriculum Vitae or information that identifies the
Applicant and leads to an Engagement of the Applicant or Temporary Worker.
"Introduction Fee" means the fee payable in accordance with clause 7 below and Regulation 10 of
the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
"Relevant Period" means the later date of either 14 weeks from the first day on which the
Temporary Worker was supplied by Select to work for the Client, or 8 weeks from the day after the Temporary Worker
was last supplied by Select to the Client. The first day will be the first occasion on which a Temporary Worker
is supplied to work for the Client or the first day of an assignment where there has been more than 42 days since
the end of the previous assignment.
"Remuneration" includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings,
allowances, inducement payments, the benefit of a company car and all other payments and taxable
(and where applicable non-taxable) emoluments payable or receivable by the Applicant for services rendered to
or on behalf of the Client. Where a Client provides a company car, a notional amount of £ 5,000.00 will be
added to the salary in order to calculate Select's fee. Where a car allowance is given the full amount of that
allowance will be added to the salary in order to calculate Select's fee.
"Temporary Worker" means the individual who is introduced by Select to render services to the Client.
"Transfer Fee" means the fee payable in accordance with clause 5 above and Regulation 10 of the
Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Unless the context requires otherwise, references to the singular include the plural.
The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
The Client will only use and process information provided by Select on Applicants for recruitment purposes
and in accordance with UK Data Protection legislation. To improve the service provided and for training purposes,
Select may monitor or record communications (for example, by telephone and e-mail).
No alterations to these Terms will be valid unless confirmed in writing by a member of Select's management team,
with a date from which the alterations take effect.
These Terms are governed by the law of England, Wales and Scotland and are subject to the exclusive jurisdiction
of the Courts of England, Wales and Scotland.
Select Appointments Plc
Regent Court, Laporte Way, Luton, Bedfordshire, LU4 8SB
Tel: 01582 811600 Fax: 01582 811611
Email: information@select.co.uk
Issue Date: January 2008