Recruitment Terms for Employers

Status of this page

This page summarises how our terms of business with employers are structured. It is not a contract. Before we begin any work, we send each client written terms of business, which set out the agreed service, fees and conditions. Those written terms, once agreed, are what apply.

Recruitment services are supplied to businesses. These terms are not intended for consumers.

Scope of services

Our written terms will describe the service you have asked for, such as permanent, temporary or contract recruitment, candidate sourcing or campaign support, and the role or roles involved. Any change to the scope will be agreed in writing.

Introductions and placements

Our terms define when a candidate is treated as introduced by us and when an engagement counts as a placement for which a fee is payable. They also explain how this applies if a candidate we introduced is engaged in a different role, by an associated business or within a set period after the introduction.

The written terms state the period after an introduction during which a fee becomes payable if the candidate is engaged, directly or indirectly, by the client or an associated business.

Fees and invoicing

Fees depend on the service and the role, and are agreed and confirmed in writing before any work begins.

• Permanent recruitment: a fee payable when a candidate we introduced accepts an offer and starts work. The written terms explain how the fee is calculated and what remuneration it is based on.
• Temporary and contract recruitment: an agreed charge rate for the hours or days worked, invoiced against approved timesheets.
• Candidate sourcing and campaign support: a fee agreed in advance for the scope of work described in the written terms.
• VAT: charged in addition to fees where it applies.

The written terms set out when each invoice is raised.

Payment terms

Invoices are payable within the period stated in the written terms. If an invoice is paid late, we may claim interest and compensation as permitted by the Late Payment of Commercial Debts (Interest) Act 1998.

Replacement or rebate

If a replacement or rebate is offered when a permanent placement ends early, the written terms set out the period it covers and the conditions that apply, such as prompt notification and payment of the original invoice on time.

We do not guarantee that any candidate will be suitable or that any placement will continue for a particular period, except as expressly set out in our written terms.

Client responsibilities

Our terms will ask clients to:

• provide accurate information about the role, including duties, location, hours, pay and any required qualifications or checks;
• tell us promptly about interview decisions and offers, and if a candidate we introduced is engaged;
• carry out the checks an employer is legally responsible for, including right-to-work checks;
• treat candidate information in confidence and use it only for the purpose of recruitment for the role concerned;
• comply with applicable employment, health and safety and equality law.

Confidentiality

Both parties will keep confidential information received from the other confidential and use it only for the purposes of the recruitment services, except where disclosure is required by law.

Data protection

We and our clients each act as separate controllers of candidate personal information that we share. Each party is responsible for complying with UK data protection law. Our written terms will include the data protection commitments each party makes. See our Candidate Privacy Notice for how we handle candidate information.

Cancellation and termination

Either party may end the agreement by giving notice as set out in the written terms. Fees for work already carried out, and for any candidate introduced before cancellation who is later engaged, remain payable as described in those terms.

See also our Refund and Cancellation Policy.

Disputes

If a disagreement arises, please raise it with us first so we can try to resolve it informally. Our Complaints Procedure explains how. Our written terms set out the governing law and how unresolved disputes are handled.

To request a copy of our terms of business, email support@spelloutsourcing.com.