Terms and Conditions of a Permanent Position (excluding IT )
For IT positions please refer to our IT Terms and Conditions
1. This agreement (the “Agreement”) is made between Reactive Recruitment Limited (the “Company”), acting as an employment agency, and the Client. The Client is defined as the company, organisation or legal person utilising the Company’s services. The Candidate is defined as the person introduced by the Company to the Client as the job applicant.
2. To enable the Company to introduce suitable candidates, the Client must provide the Company with all relevant information on its vacancies including the anticipated start date, the position and type of work required, the experience, training and qualifications necessary for the position, the anticipated salary and benefits package, employee/employer notice period requirements and any known risks to health and safety.
3. An introduction of a candidate shall be deemed to take place when the Company provides the Client with any information (whether in writing or otherwise) which identifies a candidate, whether or not the Candidate was known previously to the Client & is binding by accepting receipt of these terms.
4. If an appointment of a candidate is made by the Client within 12 months of an introduction or any subsequent reintroduction taking place, the Company’s fee as set out in clause 7 below becomes payable by the Client. An appointment is deemed to take place upon the Candidate being employed or engaged (whether on a permanent, temporary or contract basis and whether directly or indirectly), and irrespective of whether the appointment is conditional upon the passing of a probationary period.
5. The Client shall provide the Company with full written details of the appointment and a copy of any job offer made by the Client to the Candidate.
6. The Company’s fee is calculated as a fixed sum or a percentage of a candidate’s anticipated first year’s total remuneration, which means a candidate’s taxable gross total remuneration including, but not limited to, any guaranteed bonus or commission, any car, weighting or relocation allowance and any share options or buyouts. All fees payable under the Agreement are subject to VAT. If the Candidate is appointed on a part- time basis or for a fixed-term of less than 12 months, for the purposes of calculating the Company’s fee, the Candidate’s remuneration shall be equated to the full-time annualized equivalent.
7. The Company’s fees are as follows:
Salary Fee (+VAT)
Up to £19,999 15%
£20,000 – £29,999 17.5%
£30,000 + 20%
8. In the event that the Client fails to notify the Company of a candidate’s appointment within 14 days of the Candidate’s start date the Client shall pay to the Company a fee equivalent to 40% of the Candidate’s anticipated first year’s remuneration or £20,000, whichever is the greater amount.
9. Introductions are strictly confidential. The Client shall pay the Company a fee equivalent to 40% of the Candidate’s anticipated first year’s remuneration or £20,000, whichever is the greater amount, if within 12 months of an introduction taking place, the Candidate is appointed by (a) an associated or subsidiary organisation of the Client, or (b) any other third party to whom the Client has passed the Candidate’s details to.
10. An invoice for the Company’s fee plus VAT is payable within 14 days of its date of issue, after which the Company will be entitled to charge the Client compensation and statutory interest on the sum due pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (as amended). The Client will be liable for the Company’s legal costs or other expenses incurred as a result of non-payment or late payment of the invoice.
11. If applicable, the Client agrees to supply the Company with any required purchase order within 14 days of the appointment of a candidate, and in default the Company is entitled to invoice the Client without an accompanying purchase order.
12. If the Candidate’s appointment is terminated within 8 weeks of the commencement of his/her employment with the Client a rebate will be paid by the Company to the Client at the rate of 12.5% of the fee charged by the Company for each full week the Candidate did not work during the 8 week period. No rebate shall be payable if:
(a) the Candidate is made redundant or an appointment is rescinded for no good reason
(b) the Company is not notified in writing by the Client within 14 days of the date the appointment is terminated together with the reason(s)
(c) the Company’s fee is not paid by the Client within 14 days of the date of the invoice
(d) the cause of termination has no bearing on the Candidate’s qualifications, capability or conduct
(e) Where the Fee for placement was less than £2,000 + VAT
13. A fee of £15,000 shall be payable by the Client to the Company should the Client, during this Agreement or for a period of 12 months following the introduction of any candidate, either: (a) solicit, or employ (directly or indirectly) the services of any employee or former employee of the Company who has been involved in the provision of the services to the Client under the Agreement, or (b) engage or utilise the services of any firm or company of which such an employee is an officer, agent or employee of.
14. Save where the Conduct of Employment Agencies and Employment Business Regulations 2003 provide otherwise, the Company does not personally obtain references relating to a candidate. The Client is responsible for ensuring the suitability and capability of a candidate and for taking references to verify skills, qualifications, character and experience, for seeing that the legal and medical requirements relating to a candidate have been met and for obtaining any work permit.
15. Except for liability for fraud or for death or personal injury resulting from negligence, the Company shall not be liable to the Client in contract, tort, negligence or otherwise for any loss or damage of whatever nature, including damage to software or hardware/machinery, loss of data, damage for loss of business, loss of profits, or any indirect or consequential loss howsoever arising out of or in connection with the Agreement.
16. Each party agrees that, in relation to the Agreement it shall comply with its obligations under the Bribery Act 2010.
17. All business conducted by Reactive Recruitment Limited on behalf of the Client, shall be subject to the terms and conditions of the Agreement, which the Client is deemed to accept upon an introduction taking place or by subsequently requesting to interview any candidate introduced by the Company.
18. The Agreement constitutes the entire agreement between the parties and supersedes any previous representations or agreements whether recorded in writing or otherwise and applies to the exclusion of any other terms the Client seeks to impose. The Agreement may only be varied in writing by authorised representatives of both parties.
19. The Agreement shall be governed, construed and take effect in accordance with the laws of Northern Ireland and the UK and shall be subject to the exclusive jurisdiction of the courts of Northern Ireland and the UK.