Terms and Conditions

Generals
All services provided by Trades & Labour (UK) limited or any subsidiary, or agent of Trades & Labour (UK) limited are rendered on the basis that they are subject to the express terms and conditions detailed herein.

Definitions "Applicant" shall mean a person introduced to the Client by Trades & Labour (UK) limited, whether or not the Client previously knew of the existence of that person.
"Client" shall mean the person, firm, partnership or company who agrees to employ or hire the Applicant or who otherwise makes use of the services of the Applicant or of Trades & Labour (UK) Limited
"Permanent Personnel" shall mean an Applicant engaged by the Client who is directly employed or used or whose services are used and paid for by the Client whether such payment is direct or indirect.
"Temporary Worker" shall mean an Applicant engaged by the client but directly employed by Trades & Labour (UK) Limited and provided under a Contract of Service to the Client.
"Locum" shall mean an Applicant engaged by the client who is directly employed or whose services are used and paid for by the Client, whether directly or indirectly, in a temporary capacity, whether as consultant to, or employed by the Client, or otherwise remunerated by the Client on a short term Contract.
"Engagement" shall include employment or use whether under a Contract of Service or a Contract for Services or when an Applicant is retained by the Client in a personal or corporate capacity as Agent or Consultant to the Client or where the Client otherwise benefits from the Services of the Applicant or where the Client takes the Applicant into Partnership or other trading association of whatever nature and the expression "engaged" shall be construed accordingly.

Application
By requiring Trades & Labour (UK) Limited to introduce one or more Applicants to the Client, the Client is deemed to have accepted the following Terms and Conditions of Trading. No variation to these Terms and Conditions shall be accepted by Trades & Labour (UK) Limited unless otherwise agreed in writing by Trades & Labour (UK) limited.

Engagement of Permanent Personnel

  1. The Client shall notify Trades & Labour (UK) Limited immediately an Applicant introduced is engaged and pay the fee due in accordance with Paragraph 2 herein within 7 days of the date of the invoice.
  2. In the case of a Contract of Service the fee or commission shall be calculated as a percentage of the annual gross commencing salary of the Applicant with the addition of VAT at the prevailing rate as follows:
    a) In the case of a Labourer, Tradesperson or Engineering staff: 10% of the amount agreed as annual gross commencing salary.
    b) In the case of Site Management Staff: 12.5% of the amount agreed as annual gross commencing salary.
  3. In the case of a Temporary Worker or Locum, where the applicant is, after the initial engagement, retained by the Client in a personal or corporate capacity or as an Agent or Consultant to the Client or where the Client takes the Applicant into partnership or other trading association then the fees recited in paragraph 2 herein shall become due and payable to Trades & Labour (UK) Limited.
  4. If the engagement of the Applicant ends within 2 months of commencement of his/her initial engagement, then the following refund of fee or commission shall be paid by Trades & Labour (UK) Limited.
    Within the first calendar month a 50% refund.
    Within the second calendar month 25%.
  5. Provided always that no refund of fee or commission is payable unless a written claim is made by the Client within 5 days of termination of such engagement. It is also a condition precedent that the fee or commission must not be overdue in part, or in whole, in which event no refund shall be payable.
  6. Introductions, whether of Permanent Staff, Temporary Workers or Locums, are confidential to the client. If a client or employee or associate of the client, within 2 months, passes on the Introduction to any other person, Firm or Company, which results in an engagement, a Contract for his services, the client shall be liable to pay a fee or commission to Trades & Labour (UK) Limited as if the Permanent Staff, Temporary Worker or Locum had been engaged by the client himself. Such fee or commission shall be calculated as set out in Paragraph 2 herein.

    Temporary Workers
    Trades & Labour (UK) Limited shall supply to the Client such services and/or type and numbers of Applicants as the Client may, on occasion, request in accordance with the following terms and conditions:
  7. Where practicable Trades & Labour (UK) Limited shall take up references in respect of Temporary workers and shall have interviewed and assessed the Temporary Worker prior to supply to the Client. However Trades & Labour (UK) Limited, does not accept liability for any shortcoming in this respect, no matter how arising.
  8. The Client shall pay the hourly charges of the Temporary Worker to Trades & Labour (UK) Limited from time to time, in accordance with the agreed terms of payment. The client shall pay for all hours actually worked by the Temporary Worker (The Chargeable Hours). Such hours, as returned to Trades & Labour (UK) Limited on a signed timesheet, shall be calculated to the nearest quarter of an hour plus all ancillary expenses such as travel and subsistence for which the client may require the Applicant to incur. The current scale of hourly charges for both regular and overtime hours is available upon application and is confirmed by means of a Trades & Labour (UK) Limited Confirmation of Order. All charges are subject to the addition of VAT at the prevailing rate if applicable. A signed timesheet is deemed as acceptance of works carried out in that week and by signing the client accepts that payment for these works is due under paragraph 9.
  9. Trades & Labour (UK) Limited shall invoice the Client at the end of each working week for the hourly charges due in respect of that week plus expenses. The invoice largely represents wages paid to the Temporary Worker for that week and the invoice is payable within 7 days of the date of the invoice or in accordance with any other such payment terms, agreed in writing; up to a maximum of the end of the month following the month in which the invoice was raised.
  10. All Temporary Workers supplied by Trades & Labour (UK) Limited are provided under a Contract for Service but Trades & Labour (UK) Limited (as paying agent) is responsible for the payment of wages to each Temporary Worker and the deduction and payment of all statutory contributions in respect of National Earnings Related Insurance and Schedule E Income Tax (PAYE) or any other taxes applicable to the Temporary Worker by law.
  11. If the services of a Temporary Worker proves to be unsatisfactory Trades & Labour (UK) Limited will reduce or cancel (at the sole discretion of Trades & Labour (UK) Limited) the charge for the time worked by that worker provided that:
    i) The Client discontinues the use of the service of the temporary worker within 4 hours of commencement of the work by that of the Temporary Worker.
     
  12. All Temporary Workers maybe supplied with a Time Sheet which either they complete and the Clients representative verifies by signing, thereby confirming the actual chargeable hours worked and that the works have been satisfactorily carried out, or that the Clients representative completes and signs (verifying the same details) prior to returning to Trades & Labour (UK) Limited. One copy is to be retained by the Temporary Worker. Where multiple supply of operative is made to one contract Trades & Labour (UK) Limited reserve the right to use a composite timesheet detailing all of the operatives supplied to that contract shall be utilised. Additional timesheets shall be used where the number of Temporary Workers exceeds the available space on one timesheet.
  13. Trades & Labour (UK) limited does not accept any liability for loss, expense, damage or delay arising from failure to provide any or any particular Temporary Worker for all, or part, of the period of assignment.
  14. If a Client transfers a Temporary Worker from Trades & Labour (UK) Limited to another Recruitment Agency or Recruitment Business they shall honour an extended hiring period of eight weeks in duration or shall pay a Temp to Temp fee, such fee or commission shall be calculated as set out in Paragraph 2 herein, at the discretion of Trades & Labour (UK) Limited.

    Direction/Supervision
    Temporary Workers are engaged by Trades & Labour (UK) Limited under contracts for services. They 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 he 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, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect to the Client’s own staff (excluding the matters specifically mentioned in clause 5 above), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all assignments. The Client shall also advise Trades & labour (UK) Limited of any special health and safety matters about which Trades & Labour (UK) Limited is required to inform the Temporary Worker. The client will assist Trades & Labour (UK) Limited in complying with the Employment Business’ duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by Trades & Labour (UK) Limited and the client will not do anything to cause Trades & Labour (UK) Limited to be in breach of its obligations under these Regulations. Where the Client requires or may require the Services of a Temporary Worker for more than 48 hours in any week, the Client must notify Trades & Labour (UK) Limited of this requirement before the commencement of that week.

    Overriding Provisions
    The Client shall, in all respects, comply with all statutes, by-laws and legal requirements to ensure a safe and healthy system of work for the Permanent Personnel, Locum, Temporary Worker, including in the case of drivers of all vehicles that such vehicles are properly maintained and safe and insured under the Road Traffic Acts or otherwise and that proper records and vehicle licences are kept.
  15. The Client shall not allow the Permanent Personnel or Temporary Worker, to drive any motorised or other vehicle on behalf of the Client whether or not in the Clients Business without first ensuring that the Temporary Worker being engaged to drive such motorised or other vehicle is properly licensed by the appropriate statutory authorities to drive such a vehicle and is properly and fully insured to do so. In the case of a vehicle carrying or holding inflammable, dangerous or poisonous materials, liquids or other matter, it shall be the exclusive responsibility of the Client to ensure that the Permanent Personnel or Temporary Worker is properly licensed by the appropriate authorities to drive such a vehicle and is properly and fully insured to do so.
  16. The direction, control and supervision of a Permanent Personnel or Temporary Worker are the exclusive responsibility of the Client for the period of the engagement. Trades & Labour (UK) Limited do not accept liability for any loss or damage to the Client or Client’s Business or Property, or for any loss including, without prejudice to the generality of the foregoing, loss of profits or loss of contracts or for any injury to persons however caused by the incompetence, negligence, error, omission, fraud or dishonesty of any Permanent Personnel or Temporary Worker introduced by Trades & Labour (UK) Limited or by negligence, error or omission of Trades & Labour (UK) Limited itself in introducing such Permanent Personnel or Temporary Worker.
    CLIENTS ARE STRONGLY ADVISED TO ENSURE THAT THEIR INSURANCES ARE ADEQUATE TO COVER THESE RISKS FOR WHICH TRADES & LABOUR (UK) LIMITED ARE NOT LIABLE. NOTE ESPECIALLY THAT THESE RISKS INCLUDE ALL RISKS ARISING FROM THE USE OF MOTOR VEHICLES BY TEMPORARY WORKERS WHILE SUCH TEMPORARY WORKERS ARE ASSIGNED TO A CLIENT.

     
  17. In engaging a Permanent Personnel or Temporary Worker from Trades & Labour (UK) Limited the Client agrees that Trades & Labour (UK) Limited shall not be or become liable for any loss or damage suffered by the client or any other party as a result of any incompetence, negligence, error, omission, fraud or dishonesty on the part of the Permanent Personnel or Temporary Worker in the course of his/her engagement, or by negligence, error or omission of Trades & Labour (UK) Limited itself in introducing such Permanent Personnel or Temporary Worker to the Client.
  18. The Client shall indemnify and keep indemnified Trades & Labour (UK) Limited against any cost, claim and/or liabilities incurred by Trades & Labour (UK) Limited arising out of the engagement of the Permanent Personnel or Temporary Worker by the Client.
  19. All Accounts for Permanent Personnel or Temporary Workers are payable within 7 days of the Invoice Date or other such payment terms agreed in writing.
  20. Trades & Labour (UK) Limited interviews all Applicants where possible and obtains and records details from them in respect of their qualifications and experience.
    i) Trades & Labour (UK) Limited arranges a meeting between possible Applicants and the Client to enable the Client to interview them.
    ii)When the Client interviews an Applicant it is essential that the Client satisfy himself as to the Applicants qualifications, capability, integrity and suitability to the job specification. It is the Client’s responsibility to obtain a work permit for the Applicant where necessary. Trades & Labour (UK) Limited do not carry out medical examinations nor do Trades & Labour (UK) Limited ask Applicants about their medical history or condition.
    iii) The Client must notify Trades & Labour (UK) Limited immediately an Applicant (introduced by Trades & Labour (UK) Limited) starts work.
    By interviewing an Applicant introduced by Trades & Labour (UK) Limited or agreeing to engage an Applicant the Client shall be liable for the appropriate introduction fee as set out herein.
  21. Trades & Labour (UK) Limited does not carry Professional Indemnity Insurance. By contracting the services of a Temporary Worker the Client accepts full responsibility for the actions and consequences of the Temporary Worker under his strict direction and supervision. No claim for want of knowledge, in this respect, shall be considered by Trades & Labour (UK) Limited.
  22. In addition to the fees and payments due to Trades & Labour (UK) Limited as herein mentioned the Client shall pay all extra fees and expenses (including advertising) incurred by Trades & Labour (UK) Limited in accommodating any special and extraordinary needs of the Client. The said extra fees will be charged to the Client at the proper and reasonable hourly charging rate of Trades & Labour (UK) Limited for its extra service (the rates of which are available upon request).
  23. With discretion interest will accrue at 2.5% per month on unpaid Invoices and shall be payable by the Client from the date when payment was due until the date the monies are actually received.
  24. Trades & Labour (UK) Limited reserve the right to suspend the services of any Applicant where payment of Invoices due and owing to Trades & Labour (UK) Limited are in arrears, or where the Client is in breach of its obligations hereunder. Without prejudice to any other remedies available to Trades & Labour (UK) Limited hereunder Trades & Labour (UK) Limited may refuse to supply any further services.

    Cut off clause
  25. This contract is divisible. The work performed in each week during the currency of the contract shall be invoiced separately. Each invoice, for the work performed, in any week or month shall be payable by the Client in full accordance with the terms of payment provided for herein without reference to, and not withstanding, any defect of default in the work performed or to be performed in any other week.
  26. This contract is divisible. The work performed in each week during the currency of the contract shall be invoiced separately. Each invoice, for the work performed, in any week or month shall be payable by the Client in full accordance with the terms of payment provided for herein without reference to, and not withstanding, any defect of default in the work performed or to be performed in any other contract.

    Liability Clause
    (Suitability)

    Whilst every effort is made by Trades & Labour (UK) Limited to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Temporary Workers and further to provide them in accordance with the Client’s booking details, The Employment Business 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 avoidance of doubt, Trades & Labour (UK) Limited does not exclude liability for death or personal injury arising from its own negligence.

    Indemnification The Client shall indemnify and keep indemnified Trades & Labour (UK) Limited against any costs, claims or liability incurred by Trades & Labour (UK) Limited arising out of any assignment or arising out of any non-compliance with Clause (Liability Clause) and/or as a result of any breach of these Terms by the client.

     
  27. Governing Law
    Whatever the nationality, residence or domicile of the Client and whatever the supply, engagement or services are situated the law of England shall be the proper law of these Terms and Conditions and in particular “but not so as to derogate from the generality of the foregoing” the provisions of the House Grants, Construction and Regeneration Act 1996 and the Construction Act 1998 shall apply where not specifically detailed herein.
  28. No variation to these terms and conditions is valid unless confirmed in writing by a Director of Trades & Labour(UK) Limited.