These Terms apply to the supply of ‘Temporary Workers’ only. For Permanent Recruitment Services, please see our Terms for Permanent Recruitment.
“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 for a fixed period of 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 person (e.g. 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;
2.1 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.
2.2 Acceptance of Terms
These Terms shall be deemed accepted and binding upon the Client in any of the following circumstances:
Failure to sign these Terms does not absolve either party of their obligations. By proceeding with any request or engagement of a Worker, the Client acknowledges they have been provided with these Terms and agree to be bound by them.
2.3 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.
2.4 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.
3.1 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.
3.2 The Fees may also include any travel, accommodation or other expenses as may have been agreed with the Client, separately in writing.
3.3 VAT is payable on the entirety of the Fees notified to the Client, where applicable.
3.4 The Client acknowledges that the Employment Business retains the right to review and vary the Fees at any time, by giving a minimum of 4 weeks written notice to the Client.
3.5 Standard Payment Terms
The Fees are invoiced to the Client on a weekly basis and are payable within 28 days.
3.5.1 The Employment Business reserves the right to amend the Standard Payment Terms on an individual / per-client basis to mitigate risks identified during credit risk assessments, or as otherwise deemed necessary. Any changes to the Standard Payment Terms will be communicated in writing and agreed with the Client separately.
3.6 Remittance must be made via electronic bank transfer to the account details provided on the invoice. No other payment methods, including checks, will be accepted.
3.7 Late Payment Fees
All invoices are payable within 28 days of the invoice date (“Standard Payment Terms”). If payment is not received in full by the due date, the Employment Business may charge a late payment fee of 5% of the overdue balance.
This fee is a fair and reasonable estimate of the costs incurred by the Employment Business due to late payment, including but not limited to:
If payment remains outstanding beyond a reasonable period, the Employment Business reserves the right to take further action, which may include suspending services, instructing a debt recovery agency, or pursuing legal action.
3.8 Failure to provide Remittance for overdue amounts may result in legal action by the Employment Business to recover the full sums owed.
3.9 Failure to provide Remittance for overdue amounts may result in the Employment Business suspending or terminating services, which may include withdrawing Workers from Assignments. The Employment Business shall not be held liable for any losses or damages the Client may incur because of any such suspension, termination, or withdrawal.
3.10 There are no refunds or rebates payable in respect of the charges of the Employment Business.
3.11 Cancellation Fees
If the Client cancels an Assignment within 48 hours of the scheduled start time, the Client will be charged 100% of the agreed fee for that Assignment to compensate the Worker for lost earnings and to cover administrative costs.
No cancellation fee will apply if the Employment Business successfully reassigns the Worker to another suitable Assignment of equivalent length and pay.
The cancellation fee will also apply in full if:
(i) The Client reduces the number of hours of the Assignment after the Assignment has commenced;
(ii) A Worker, upon arriving at the Client’s premises, is unable to carry out the Assignment due to the Client’s breach of the Employment Business’ Infection Control policy (e.g., failure to disclose an existing Outbreak);
The Client acknowledges that this policy ensures fairness to Workers, who rely on confirmed shifts for their income, while also providing flexibility where alternative work is available.
3.12 Extended Hire Cancellation
Where the Client has engaged a Worker on an Extended Hire basis (as per clause 8.2), the Client must provide a minimum of 7 days’ written notice to terminate the engagement, unless termination is due to the Worker’s unsatisfactory performance or unsuitability for the role.
If the Client fails to provide 7 days’ notice, they will be charged a fee equivalent to 7 days of the agreed rate for the Worker to act as notice and compensate both the Worker and the Employment Business for the loss of expected earnings and contractual commitments.
3.13 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.
3.13.1 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.
3.13.2 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 3.13.
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 Client Information contained in clause 5.1 periodically.
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 (“Client 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.
5.4.1 Where the Client does not make themselves available for periodic review of Client Information, or does not wilfully provide the Employment Business with relevant updates, or provides inaccurate or incomplete information, the Employment Business shall not be liable for any losses or damages the Client may incur, where such failures in the Employment Business’ services could have been avoided if the Client had provided up-to-date information.
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.
6.3 Timesheet Approval & Dispute Resolution
6.3.1 The Client, or an authorised representative, must verify and sign the Worker’s timesheet at the end of each Assignment (or at least weekly for ongoing Assignments).
6.3.2 If the Client refuses or fails to sign a timesheet, this does not absolve them of the obligation to pay for hours worked, provided there is reasonable evidence (such as Worker logs, shift records, or electronic records) that the Assignment was completed.
6.3.3 If the Client disputes a timesheet, they must raise the dispute in writing within 48 hours of receipt, providing specific details of the disputed hours and any supporting evidence.
6.3.4 The Employment Business will investigate the dispute in good faith and make reasonable efforts to resolve the matter promptly.
6.3.5 If no dispute is raised within 48 hours, the timesheet shall be deemed accurate and binding for payment.
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.
8.1 The Employment Business incurs significant costs in recruiting, vetting, training and supplying Workers. If a Worker introduced or supplied by the Employment Business is subsequently engaged by the Client, either:
Then the Client must either:
This applies if the Engagement occurs within 6 months of the Worker’s last Assignment or Introduction by the Employment Business.
The Extended Hire Period / Transfer Fee compensates the Employment Business for the recruitment, selection, and supply of the Worker, including training costs, administrative expenses, and the loss of future revenue from the Worker’s placement. It also reflects the value of the service provided in identifying and supplying a suitable Worker to the Client.
8.2 Extended Hire Option
If the Client does not wish to pay a Transfer Fee, they must continue to engage the Worker through the Employment Business for a minimum period of either:
Or
The Client must inform the Employment Business in writing before engaging the Worker if they choose the Extended Hire option.
If the Client fails to complete the full Extended Hire period, the Employment Business reserves the right to charge a pro-rata Transfer Fee based on the remaining hours.
8.3 Transfer Fee
If the Client does not elect for Extended Hire before engaging the Worker, a Transfer Fee will apply automatically, as follows:
Or
The Transfer Fee compensates the Employment Business for the recruitment, selection, and supply of the Worker, including training costs, administrative expenses, and the loss of future revenue from the Worker’s placement. It also reflects the value of the service provided in identifying and supplying a suitable Worker to the Client.
8.4 Introduction Fees (Where No Assignment Took Place)
If the Client engages a Worker within 6 months of an Introduction but without a prior Assignment, an Introduction Fee will apply at the Tier 2 Transfer Fee rate (as per clause 8.3).
8.5 Introduction by More than One Employment Business
If the Client receives an Introduction of the same Worker from more than one employment business or agency, the Introduction Fee will still apply unless the Client can provide written evidence that they received the Worker’s details in writing from another agency before the Employment Business made the Introduction.
8.6 Engagement After Termination of Assignment
If the Client engages a Worker within 6 months of the Worker’s last Assignment with the Employment Business, the Transfer Fee or Extended Hire requirement will still apply.
9.1 Limitation of Liability
The Employment Business shall use reasonable skill and care in sourcing and supplying Workers but makes no warranty as to the suitability, qualifications, or performance of any Worker beyond the vetting checks required by law.
The Employment Business shall not be liable for any indirect, consequential, or economic losses suffered by the Client, including but not limited to:
The Employment Business’s total liability in respect of any claim arising out of or in connection with these Terms shall be limited to the total fees paid by the Client in the 6 months preceding the claim, except where liability cannot be excluded or limited by law.
Nothing in this clause shall exclude or limit the Employment Business’s liability for:
9.2 Indemnity by the Client
The Client acknowledges that the Worker is under the supervision, direction, and control of the Client from the time they commence their Assignment.
The Client shall:
9.3 Exclusions to Indemnity
The Client shall not be required to indemnify the Employment Business for:
9.4 Client Obligation to Report Worker Unsuitability
If the Client reasonably believes that a Worker is unsuitable or unfit for the Assignment, they must notify the Employment Business in writing immediately, providing specific details.
The Employment Business shall investigate the matter and, if necessary, seek to replace the Worker as soon as reasonably possible. The Client shall not be entitled to withhold payment for services already provided.
9.5 Indemnity for Worker’s Acts or Omissions While Under Client’s Control
The Client shall indemnify and keep indemnified the Employment Business against any claim, liability, or loss arising directly or indirectly from the acts, errors, or omissions of the Worker while under the Client’s supervision, except where such claim arises due to the Employment Business’s breach of these Terms.
9.6 Indemnity for Breach of Contract or Law
The Client shall indemnify the Employment Business against all losses, damages, costs, or claims resulting from the Client’s breach of these Terms or failure to comply with any applicable laws or regulations.
9.7 Worker Absence or Unavailability
The Employment Business shall not be liable for any losses, damages, or costs incurred by the Client due to:
However, the Employment Business shall make reasonable efforts to source a replacement Worker as soon as possible, subject to availability.
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.
11.1 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.
12.1 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 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 Suspension of Services & Withdrawal of Workers
12.5.1 The Employment Business reserves the right to withdraw Workers and/or suspend services immediately if:
12.5.2 Where practical, the Employment Business will provide 24 hours’ notice before withdrawing Workers or suspending services, except in urgent situations where immediate action is required.
12.5.3 If services are suspended or Workers are withdrawn under this clause, the Employment Business shall not be liable for any losses, damages, penalties, or claims suffered by the Client as a result, including but not limited to:
13.1 The Employment Business will not knowingly provide a Worker to perform:-
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 all costs, claims or liabilities incurred by the Employment Business arising out of any breach of this clause 13.
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.
15.1 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.
16.1 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.
17.1 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.
18.1 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 Termination for Insolvency
(i) The Client must immediately notify the Employment Business in writing if it enters into or becomes subject to any insolvency proceedings, including but not limited to:
(ii) The Employment Business may terminate this Agreement immediately upon written notice if the Client becomes subject to any of the above insolvency events.
(iii) If termination under this clause is not immediately enforceable due to insolvency law, the Employment Business reserves the right to:
(iv) Termination or suspension under this clause shall not affect the Client’s liability for any unpaid fees, which shall remain due and payable immediately.
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.
Effective From Date: 7th April 2025
Care Inspectorate Number: CS2015343413
Registered Company Number: SC485644
Care Inspectorate Number: CS2015343413
Registered Company Number: SC485644
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