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.
This document is compliant with the GDPR (General Data Protection
Regulation). In Clause 13, 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 13.5) and/or data sharing (sub-clause 13.4). 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 13.5), you may, in
place of 13.5, insert our data processing clauses numbered 1.2 – 1.8 and
Schedule: you will find them by clicking here. Clause 13 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 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
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
13. Data Protection
17. Force Majeure
20. No Waiver
21. Dispute Resolution (Arbitration)
22. Law and Jurisdiction
This document is in open format. Either enter the requisite details in the
highlighted fields or adjust the wording to suit your purposes.
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