Employment Business Client Terms and Conditions
These Employment Business Terms and Conditions are designed for use by employment businesses (as defined by the Conduct of Employment Agencies and Employment Businesses Regulations 2003) offering their services to general commercial clients seeking to acquire temporary staff. This document regulates the relationship between the employment business (also known as a temp agency) and its clients. An employment business will also need to use terms to regulate its relationship with the temp staff that it provides, such as the terms here.
This document is compliant with the UK GDPR (UK General Data Protection Regulation). In Clause 14, one or both sub-clauses in square brackets should be retained if and as appropriate where there is to be any data processing (sub-clause 14.5) and/or data sharing (sub-clause 14.4). However, if there is to be data processing but you prefer not to have to prepare a separate Data Processing Agreement (referred to in sub-clause 14.5), you may, in place of 14.5, insert our data processing clauses numbered 1.2 – 1.8 and Schedule: you will find them by clicking here. Clause 14 refers to a Privacy Notice attached in the Schedule, and you might wish to use our standard Privacy Notice for this purpose: you can find it by clicking here.
It is important to note that an employment business specifically supplies temporary workers to its clients whereby the workers remain employed by (or under a contract of service / for services with) the employment business and should not be confused with an employment agency.
This template is not appropriate for use where an assignment will or is likely to last more than 12 weeks as they do not make in depth reference to the Agency Workers Regulations 2010. Legal advice should be sought where an assignment for a particular temporary worker (or a series of assignments) extend(s) beyond 12 weeks.
These terms clearly sets out the obligations of both the employment business and the client with respect to key factors including the submission of vacancy information, the introduction of temporary workers and the payment of fees. Provision is also made in these terms of business for so-called “temp-to-perm” situations whereby a temporary worker is directly engaged by the client or a third party.
This document is designed specifically for employment businesses. For employment agencies, that is those who introduce work-seekers to clients for direct employment, a different set of terms (such as the terms here) should be applied.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
These Employment Business Terms and Conditions contain the following clauses:
1. Definitions and Interpretation
2. The Contract
3. The Services
4. Fees and Payment
5. The Employment Business’s Obligations
6. The Client’s Obligations
8. Sickness and Absence
9. Engagement of Assigned Temporary Workers and Transfer Fees
10. Engagement of non-assigned Temporary Workers
11. Third Party Engagement of Assigned Temporary Workers
12. Third Party Engagement of non-assigned Temporary Workers
14. Data Protection
18. Force Majeure
21. No Waiver
23. Third Parties
24. Dispute Resolution (Arbitration)
25. Law and Jurisdiction
Schedule - Privacy Notices
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