These Terms apply to the supply of ‘Temporary Workers’ only. For Permanent Recruitment Services, please see our Terms for Permanent Recruitment.
1. DEFINITIONS
“Assignment” or “Booking” means the period during which the Worker is supplied by the Employment Business to render Services to the Client
“Client” means the person, firm or corporate body together with any subsidiary or holding company as defined by the Companies Act 2006 to whom the Worker is supplied / introduced;
“Employment Business” means ScotForce Recruitment Ltd. (SC485644) of Inveralmond Business Centre, 6 Auld Bond Road, PERTH, PH1 3FX (trading as “ScotForce Healthcare”); an Employment Business under the terms of “The Conduct of Employment Agencies and Employment Businesses Regulations 2003”.
“Engages/Engaged/Engagement” means the engagement, employment or use of the Worker (excluding an Assignment) directly by the Client or any third party to whom the Client introduces him/her or through any other employment business on a permanent or temporary basis, whether under a contract of service or for services; an agency, licence, franchise or partnership arrangement; or any other engagement; directly or through a limited company of which the Worker is an officer, worker or employee;
“Fees” means the hourly rates charged for the Services supplied, as notified to the Client from time to time
“Extended Hire” means an agreement with the Employment Business to engage the Worker on a full-time basis (37.5 hours per week) for a fixed period 13 weeks; equivalent to 487.5 billable hours (not including breaks)
“Introduction/Introduced” means the Client’s interview of a Worker whether in person, by telephone or otherwise, following the Client’s instruction to the Employment Business to search for a Worker; or the passing to the Client of a curriculum vitae or other information which identifies the Worker and, in each case, which leads to an Engagement of that Worker;
“Introduction Fee” means the fee payable in accordance with clause 8.2 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
“Losses” means any liabilities, losses, actions, proceedings, damages, costs, expenses (including legal expenses and professional fees and disbursements), claims and demands;
“Worker” means the Nurse or Care Worker whose services are supplied by the Employment Business to the Client.
“Terms” means these Terms of Business together with any Assignment Details Form(s) (as varied from time to time);
“Services” means the supply of Workers by the Employment Business to the Client for an agreed Assignment
“Transfer Fee” means the fee payable in accordance with clause 8 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
“Outbreak” An outbreak or incident may be defined as: (a) an incident in which two or more people experiencing a similar illness are linked in time or place (b) a greater than expected rate of infection compared with the usual background rate for the place and time where the outbreak has occurred (c) a single case for certain rare diseases such as diphtheria, botulism, rabies, viral haemorrhagic fever or polio (d) a suspected, anticipated or actual event involving microbial or chemical contamination of food or water
“Insolvency Event” means each and any of the following in relation to a party:
(a) any action (corporate or otherwise), legal proceedings or other procedure or step is taken by any person in any jurisdiction in relation to or with a view to: (i) the winding up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of a party; (ii) the appointment of a liquidator, trustee in bankruptcy, receiver, administrative receiver, administrator, nominee, supervisor or similar officer in respect of a party or any of its assets; (iii) the enforcement of any security over any assets of a party; or (iv) the attachment, sequestration, distraining upon or execution over or affecting any material asset of a party, and in any case which is not withdrawn or dismissed as soon as reasonably practicable;
(b) the party is unable to pay its debts as they fall due or is insolvent; or
(c) the party enters into a composition or arrangement with its creditors or any class of them;
2. THE CONTRACT
2.1 These Terms constitute the contract between the Employment Business and the Client for the supply of the Worker’s services by the Employment Business to the Client and are deemed to be accepted by the Client by virtue of the Client’s request for, Introduction with or Engagement of a Worker; or the passing of any information about the Worker to any third party following an Introduction. Failure to sign these Terms of Business does not absolve either Party of their obligations set out in these Terms of Business.
2.2 These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by the Employment Business, these Terms prevail over any terms of business or purchase conditions put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
3. FEES, PAYMENT AND CANCELLATIONS
3.1 The Client shall pay to the Employment Business the Fees notified to the Client, as varied from time to time, in accordance with these Terms. The Fees represent the number of hours worked by the Worker (to the nearest quarter hour) and comprises mainly the Worker’s basic pay, holiday pay, Employers National Insurance contributions, Workplace Pensions Contributions and the Employment Business’ commission calculated as a percentage of the Worker’s pay. The Fees may also include any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable.
3.2 VAT is payable on the entirety of the Fees notified to the Client, where applicable.
3.3 The Client acknowledges that the Employment Business retains the right to review and vary the rate at any time by giving a minimum of 4 weeks written notice to the Client.
3.4 The Fees are invoiced to the Client on a weekly basis and are payable within 28 days (the “Standard Payment Terms”).
3.4.1 The Employment Business reserves the right to amend the Standard Payment Terms in order to mitigate risks identified during credit risk assessments or as otherwise deemed necessary. Any amendments to the Standard Payment Terms will be communicated to the Client in writing and agreed separately.
3.5 The Employment Business reserves the right to charge interest (“Late Payment Fee”) on any overdue amounts, at the rate of 10% of the Total Invoice value. Any Late Payment Fee will be due for remittance immediately, in conjunction with the relevant overdue Invoice(s).
3.6 Failure to provide Remittance for overdue amounts may result in legal action by the Employment Business to recover the full sums owed.
3.7 There are no refunds or rebates payable in respect of the charges of the Employment Business.
3.8 The Employment Business reserves the right to charge in full (the “Cancellation Fee”) for any agreed Assignment in accordance with the Fees agreed if:-
(i) the Client cancels an Assignment with less than 24 hours’ notice from the start time of that Assignment
(ii) the Client reduces the number of hours of the Assignment, after the Assignment has commenced
(ii) a Worker, upon arriving at the Client premises, would be in breach of the Employment Business’ Infection Control policy due to an existing Outbreak of infection; where the Client has failed to inform the Employment Business of such Outbreak and the Worker is unable to carry out the Assignment as a result.
3.8.1 During a period of Extended Hire, The Employment Business reserves the right to charge in full the average equivalent of 1 Calendar Week of the Extended Hire period in accordance with the Fees agreed if:-
(i) the Client cancels an Extended Hire period without notifying the Employment Business with 7 days’ written notice, where the termination is not deemed to be a result of the Worker’s unsatisfactory performance or unsuitability for the Assignment.
3.9 Where a Client uses Purchase Order Numbers, the Client agrees it is their responsibility to provide these to the Employment Business by no later than the end of the Calendar / Working Week (Sunday), for any Bookings on the same week.
3.9.1 Where the Client does not provide the Employment Business with Purchase Order Numbers, yet services have been delivered at the Client’s request, the Employment Business shall raise an Invoice without Purchase Order Numbers included and this shall be due for payment.
3.9.2 The Client agrees that payment of invoices shall not be delayed or withheld due to failure by the Client to provide the Employment Business with valid Purchase Order Numbers within the required timescale noted in Clause 3.9.
4. RESPONSIBILITIES OF THE EMPLOYMENT BUSINESS
4.1 By making an Introduction of a Worker to the Client the Employment Business verifies that:-
4.2 The Employment Business will assess the experience, training and qualifications of the Worker during the application / vetting process and will endeavour to make recommendation to the client as to the suitability of the Worker to complete an Assignment.
4.3 The Employment Business will request information from the Client – as per clause 5.1 – prior to any Introduction.
4.4 The Employment Business will request to review with the Client Manager the information contained in clause 5.1 periodically.
5. RESPONSIBILITIES OF THE CLIENT
5.1 To enable the Employment Business to select a suitable Worker and comply with the obligations under these Terms, the Client shall provide the following information to the Employment Business prior to any Introduction:-
(i) The identity and nature of the Client’s establishment (where the care services are provided);
(ii) The Client Manager’s contact details plus secondary / emergency contact details
(iii) Information relating to the number of Units / Wards contained in the Client establishment and their speciality
(iv) The number of Service Users / Patients in the Client establishment
(v) Expected Staffing Ratios (as recommended by the Care Inspectorate Scotland) of the Client establishment
(vi) Medication Systems used in the Client establishment
(vii) Any special needs / training required of the Worker
(viii) Any other information necessary for the Employment Business to make appropriate recommendation of a Worker’s suitability to work in the Client’s establishment
5.2 The Client also undertakes to notify the Employment Business of any changes to the information provided in accordance with clause 5.1 and to provide updated information to the Employment Business as soon as is reasonably practicable.5.3 The client will – upon requesting a Worker to complete an Assignment – provide the following information to the Employment Business:
(i) the proposed commencement date of the Assignment;
(ii) the duration, or likely duration, of the Assignment;
(iii) details of the position, including the type of work and location of work;
(iv) any risks to health or safety and the steps the Client has taken to prevent or control such risks, including notifying the Employment Business of any Outbreak of infection
(v) the experience, training, qualification or authorisation which the Client considers necessary, or which are required by law, or by any professional body for the Worker to work in the position;
5.4 The Client will comply with all the Employment Business requests for information and any other requirements to enable the Employment Business to comply with the Agency Worker Regulations 2010.
6. TIMESHEETS
6.1 At the end of each day of an Assignment (and no less frequent than at the end of each week of an Assignment) the Client, or an authorised representative of the Client, shall sign the Worker’s Timesheet verifying the number of hours worked by the Worker during the Assignment.
6.2 Signature of the Timesheet by the Client is confirmation of the number of hours worked by the Worker. If the Client is unable to sign a Timesheet produced for authentication by the Worker because the Client disputes the hours claimed, the Client shall inform the Employment Business as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Employment Business to enable the Employment Business to establish what hours, if any, were worked by the Worker. Failure to sign the Timesheet does not absolve the Client of its obligation to pay the Fees in respect of the hours worked.
6.3 The Client shall not be entitled to decline to sign a Timesheet on the basis that they are dissatisfied with the work performed by the Worker. In cases of unsuitable work the Client should apply the provisions of clause 12.1 below.
7. PAYMENT OF THE WORKER
7.1 The Employment Business assumes responsibility for paying the Worker and for the deduction and payment of National Insurance Contributions, PAYE Income Tax and Pensions Contributions, as applicable to the Worker pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.
8. TRANSFER AND INTRODUCTION FEES
The Employment Business reserves the right to raise Transfer Fees where the supply of any of its Workers leads to an Engagement of that Worker in permanent, temporary, self-employed, full time or part time employment; including bank/sessional agreements; whether under contract or not.
8.1 Where there has been a supply:-
8.1.1 In the event of the Engagement by the Client of a Worker supplied by the Employment Business either (1) directly, or (2) where the Worker has completed Assignments with another Client service within the same Client Group within the past 6 months, or (3) by another employment business, while the Worker is engaged with / employed by the Employment Business;the Client shall be liable to pay a Transfer Fee to the Employment Business, as per the following table:
| Worker Role | Transfer Fee (excluding VAT) (£) |
| Registered Nurse | 5,000 |
| Other Care Worker / Support Worker | 3,000 |
8.1.2 The Transfer Fees are applicable based on the “Worker Role” while the Worker is engaged with / employed by the Employment Business (i.e. a Registered Nurse engaged by a Client for a Care Worker role would incur the Transfer Fee for a Registered Nurse).8.1.3 ALTERNATIVELY, the Client may, at its option, enter into a further agreement with the Employment Business to engage the Worker on a full-time basis (37.5 hours per week) for a fixed period 13 weeks; equivalent to 487.5 billable hours (not including breaks) on terms similar to those contained within this contract in which circumstance the Transfer Fee shall not be payable (the “Extended Hire” period).
8.1.4 The Client must give the Employment Business 5 days’ written notice in advance of the Engagement of whether it has elected to take the period of Extended Hire or to pay the Transfer Fee.
8.1.5 If the Client does not give such notice before the Worker is Engaged, the parties agree that the Transfer Fee shall be due.
8.2 Where there has been an Introduction but no supply:-
8.2.1 In the event that there is an Introduction of a Worker to the Client which does not result in the supply of that Worker by the Employment Business to the Client, but which leads to an Engagement by the Client of the Worker by the Client either (1) directly or (2) being supplied by another employment business within 3 months of the date of the Introduction the Client shall be liable to pay an Introduction Fee to the Employment Business as per the table of rates in 8.1.1.
8.2.2 If the Client does not notify the Employment Business before the Worker is Engaged the parties agree that the Introduction Fee shall be due.
8.3 Inability to supply during the Extended Hire period:-
8.3.1 If the Client elects for an Extended Hire period, as set out above, but before the end of such period Engages the Worker supplied by the Employment Business either directly or pursuant to being supplied by another employment business, the Transfer or Introduction Fee may be charged, reduced by such percentage to reflect the period of Extended Hire already undertaken by the Worker and paid for by the Client.
8.4 Introduction by more than one employment business/agency:-
For the avoidance of doubt, in the event of an Introduction of a Worker by more than one employment business or employment agency, the Introduction Fee shall remain payable by the Client, unless the Client can provide written evidence that the Worker’s details were received in writing from another employment business or employment agency before those from the Employment Business.
8.5 If the Engagement takes place within 6 months of the Worker’s termination date with the Employment Business, the Fee shall be based on the table of Fees in 8.1.1.
8.6 Any Transfer, Introduction or Engagement of any Worker which is not covered within these Terms of Business shall be subject to a Fee as per the Employment Business’ ‘Standard Terms of Business for Permanent Recruitment’.
9. LIABILITY
9.1 Whilst every effort is made by the Employment Business to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Workers and further to provide them in accordance with the Client’s Assignment details, the Employment Business does not make any warranties in this regard and is not liable for any loss, expense, damage or delay arising from any failure to provide any Worker for all or part of the period of Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Worker. For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence or for fraud.
9.2 Workers 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 Worker, whether wilful, negligent or otherwise as though the Worker 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, Health and Safety At Work Act, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff (excluding the matters specifically mentioned in Clause 7 above), including in particular the provision of adequate Employer’s Liability, Public Liability and Professional Indemnity (including malpractice) Insurance cover for the Worker during all Assignments. The Client will also comply in all respects with the provisions of the AWR.
9.3 The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Worker is to fill the Assignment. The Client will assist the Employment Business in complying with the Employment Business’ duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Worker for more than 48 hours in any week, the Client must notify the Employment Business of this requirement before the commencement of that week.
9.4 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Worker for the Worker to fill the Assignment and shall notify the Employment Business immediately if the position changes.
9.5 The Client shall indemnify and keep indemnified the Employment Business in full against any and all costs, claims damages, fines, penalties or liabilities incurred by the Employment Business as a result of any act, error or omission of the Client or Worker throughout the duration of the Assignment or arising out of any non-compliance with clauses 9.2 and 9.3 and/or as a result of any breach of these Terms by the Client.
9.6 In the event a Worker fails to attend the Client or if the Client is not satisfied with the standard of care provided by the Worker, the Client shall notify the Employment Business immediately in accordance with the Employment Business’ written Complaints Policy and Procedure, which shall be available upon request.
9.7 In the event of sickness, the Worker will contact the Employment Business in the first instance and the Employment Business will endeavour to replace the Worker with another who is suitable to fulfil the duties of the Assignment. In the event no replacement Worker can be placed in the Assignment, the responsibility to cover the Assignment will revert back to the Client, with no liability attributable to the Employment Business.
10. SUPERVISION
10.1 Workers 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.
10.2 The Client undertakes to provide a safe environment and safe appropriate equipment for the duties of the Assignment and to give appropriate guidance to the Worker during the period of the Assignment with the Client so as to ensure the Client’s own satisfaction with the standard of work and compliance with Health & Safety issues by the Worker, including (but without limitation) the provisions of the Working Time Regulations 1998
11. DUTIES REQUIRING RESIDENCE AT THE CLIENTS PREMISES
11.1 Where the Services involve residence at the Client’s premises the Client is required to provide adequate accommodation for rest or sleep and meals for the Worker. Adequate facilities for sleeping must be provided for workers on sleep-in duties. Refreshment breaks are not deductible from the charges nor is the cost of any meals or benefits of kind. Unless otherwise agreed, Workers will be entitled to the same refreshment breaks, meals and facilities as the Client’s own staff.
12. TERMINATION OF AN ASSIGNMENT
12.1 The Client undertakes to supervise the Worker sufficiently to ensure the Client’s satisfaction with the Worker’s standards of work. If the Client reasonably considers the services of the Worker are unsatisfactory, the Client may terminate the Assignment either by instructing the Worker to leave the Assignment immediately, or by directing the Employment Business to remove the Worker. The Employment Business may, in such circumstances, reduce or cancel the charges for the time worked by that Worker, provided the Assignment terminates: –
12.1.1 within four hours of the Worker commencing the Assignment where the booking is for more than seven hours; or
12.1.2 within two hours for bookings of seven hours or less; and
12.1.3 also provided that notification of the unsuitability of the Worker is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment.12.2 During an Extended Hire period, the Client shall notify the Employment Business with 7 days’ written notice of an Extended Hire period being terminated, where the termination is not deemed to be a result of the Worker’s unsatisfactory performance or unsuitability for the Assignment.
12.3 The Client shall notify the Employment Business immediately and without delay and in any event within 2 hours if the Worker fails to attend work or notifies the Client that the Worker is unable to attend work for any reason.
12.4 The Employment Business shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Worker supplied to the Client is unsuitable for the Assignment and shall terminate the Assignment under the provisions of clause 12.1.
12.5 The Employment Business reserves the right to withdraw Workers in circumstances, which, in the Employment Business’ reasonable opinion, make the provision of its services untenable. Such circumstances would include (but would not be limited to): –
(i) Failure by the Client to pay the Employment Business’ Fees, or persistent late payment
(ii) Failure by the Client to provide safe and appropriate equipment for the duties of the Assignment to be undertaken
(iii) if the Client commits a material breach of any of its obligations under these Terms
(iv) Failure by the Client to notify the Employment Business of an Outbreak of Infection
13. STRIKES
13.1 The Employment Business will not knowingly provide a Worker to perform:-
13.1.1 the duties normally performed by a worker who is taking part in a strike or other industrial action (“the First Worker”); or
13.1.2 the duties performed by any other worker employed by the Client and who is assigned by the Client to perform the duties normally performed by the First Worker.
13.2 The Client will not request the Employment Business to provide a Worker(s) in the circumstances described in clause 13.1 above.
13.3 The Client shall indemnify and keep indemnified the Employment Business in full against any and all costs, claims or liabilities incurred by the Employment Business arising out of any breach of this clause 13.
14. ADVERTISING
14.1 The Client authorises the Employment Business to advertise, as may be necessary, to find Worker(s) for any position, details of which the Client has provided to the Employment Business.
14.2 The cost of advertising in the national or local press, or any other media, shall only be payable by the Client if previously agreed in writing.
14.3 The authority granted by the Client in 14.1 may be withdrawn at any time by giving 1 months’ notice in writing to the Employment Business.
15. WAIVER
15.1 Failure or delay by the Employment Business in enforcing or partially enforcing any provision of these Terms is not a waiver by the Employment Business of any of its rights.
15.2 Any waiver by the Employment Business of any breach by the Client is not a waiver of any subsequent breach.
16. LEGISLATION
16.1 The Employment Business is an equal opportunities organisation and is committed to providing equal opportunities to its Workers. This means all Workers and other individuals dealing with the Employment Business will receive equal treatment regardless of race, colour, nationality, ethnic or national origins, religion or belief, sex, marital or civil partner status, gender reassignment, pregnancy or maternity, age, sexual orientation or disability. The Client acknowledges this policy and agrees to operate its business in accordance with equal opportunities.
16.2 The Employment Business recognises its obligations under the General Data Protection Regulation (“GDPR”) in relation to processing, retaining and sharing any personal data and complies with the requirements of the GDPR in the operation of its business.
16.3 The Client acknowledges it has responsibilities under the GDPR and undertakes to comply with the GDPR in relation to any data concerning a Candidate and the Employment Business, howsoever such data comes into the possession of the Client. The Client shall indemnify and keep the Agency indemnified in full against any and all costs, claims, damages, fines, penalties or liabilities incurred as a result of a breach of this clause by the Client.
16.4 The client acknowledges and agrees it is necessary for the Employment Business to process personal data to meet its obligations under the terms of this Contract, to comply with Regulatory Bodies and the Law.
16.5 These Terms and any other contract between the Employment Business and the Client are subject to Scottish Law and the exclusive jurisdiction of the Scottish Courts.
16.6 The various provisions and sub-provisions of these Terms are severable and if any provision or identifiable part of it is held to be unenforceable by any Court of competent jurisdiction then such unenforceability shall not affect the enforceability of the remainder of these Terms.
17. DISPUTES
17.1 The Client agrees to raise any concerns arising from the Employment Business’ performance under this agreement in writing to the Director.
17.1.1 The Employment Business will endeavour to answer any concerns to the satisfaction of the Client, in line with the Employment Business’ Complaints Policy and Complaints Procedure, which are available to the Client on request.
18. TERM AND TERMINATION
18.1 These terms shall continue to apply to all Services provided to the Client by the Employment Business, subject to termination or amendments being notified with 4 weeks’ written notice.
18.2 The Employment Business shall be entitled to terminate this agreement if any of its invoices remain outstanding more than 14 days after the due date for payment.
18.3 A party (the “Non-Defaulting Party”) may terminate these Terms with immediate effect by notice to the other party (the “Defaulting Party”) on or at any time after the Defaulting Party committing a material breach of an obligation under these Terms which breach is incapable of remedy.
18.4 A party (the “Non-Defaulting Party”) may, by giving notice to the other (the “Defaulting Party”) terminate the Terms as from the date of expiry of the notice if the Defaulting Party commits a material breach of the Terms which, in the case of a breach capable of remedy, is not remedied within thirty (30) Business Days after the Non-Defaulting Party has given notice containing details of the breach, requiring the breach to be remedied, and stating that, if it is not, the Terms may be terminated.
18.5 Either party may at any time, by notice to the other, terminate these Terms as from the date of expiry of the notice if an Insolvency Event occurs in relation to the other.
18.6 Termination shall be without prejudice to any other rights or remedies a person may be entitled to under these Terms or at law and shall not affect any rights or obligations which have accrued prior to or as a result of termination or any rights which are intended to continue after termination.
Revision Date: 1st April 2024
Care Inspectorate Number: CS2015343413
Registered Company Number: SC485644
Care Inspectorate Number: CS2015343413
Registered Company Number: SC485644
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