TERMS OF BUSINESS FOR BOTH TEMPORARY & PERMANENT STAFF SERVICES

1. DEFINITIONS

1.1. In these Terms of Business the following definitions apply:

• “Assignment” means the period during which the Temporary Worker is supplied to render services to the Client;
• “Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the Temporary Worker is supplied or introduced
• “The Employment Business” means Lekota Healthcare Ltd, 13 Beck Road, Sheffield
• “Engagement” means the engagement, employment or use of the Temporary Worker directly by the Client or any third party 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 Temporary Worker is an officer or employee;
• “Temporary Worker” means the individual who is introduced by the Employment Business to render services to the Client;
• “Introduction” means (i) the Client’s interview of a Temporary Worker in person or by telephone, following the Client’s instruction to the Employment Business to supply a Temporary Worker; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Temporary Worker; and which leads to an Engagement of that Temporary Worker;
• “Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Temporary Worker for services rendered to or on behalf of the Client or any third party.

1.2. Unless the context otherwise requires, references to the singular include the plural.

1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.

2. THE CONTRACT

2.1. These Terms constitute the contract between the Employment Business and the Client for the supply of the Temporary Worker’s services by the Employment Business to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Temporary Worker or the passing of any information about the Temporary Worker to any third party following an Introduction.

2.2. These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of 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. CHARGES

3.1. The Client agrees to pay the hourly charges of the Employment Business. The charges are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter-hour). The charges comprise mainly the Temporary Worker’s pay but also include the Employment Business’ commission, employer’s National Insurance contributions and 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. VAT, if applicable, is payable on the entirety of these charges.

3.2. The charges are invoiced to the Client on a weekly basis and are payable within fourteen days. The Employment Business reserves the right to charge interest on any overdue amounts at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.

3.3 There are no rebates payable in respect of the charges of the Employment Business.

4. INFORMATION TO BE PROVIDED

4.1. When making an Introduction of a Temporary Worker to the Client the Employment Business shall inform the Client of the identity of the Temporary Worker; that the Temporary Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment; whether the Temporary Worker will be employed by the Employment Business under a contract of service or apprenticeship or a contract for services; and that the Temporary Worker is willing to work in the Assignment.

5. TIMESHEETS

5.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less) the Client shall sign the Employment Business’ timesheet verifying the number of hours worked by the Temporary Worker during that week.

5.2 Signature of the timesheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a timesheet produced for authentication by the Temporary 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 Temporary Worker. Failure to sign the timesheet does not absolve the Client’s obligation to pay the charges in respect of the hours worked.

5.3 The Client shall not be entitled to decline to sign a timesheet on the basis that he is dissatisfied with the work performed by the Temporary Worker. In cases of unsuitable work, the Client should apply the provisions of clause 10.1 below.

6. PAYMENT OF THE TEMPORARY WORKER

6.1 The Employment Business assumes responsibility for paying the Temporary Worker and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Worker pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.

6.2 In a situation where a temporary staff member has been fined for failure to cover their shift (see section 9.2), Lekota Healthcare will deduct the said amount from the pay of the temporary staff member payment accordingly.

7. TRANSFER AND INTRODUCTION FEES

7.1 The fee payable to the Agency by the Client for an Introduction resulting in a permanent Engagement is calculated as 10% of the annual remuneration payable to the Applicant applicable during the first 12 months of the Engagement.

7.2 In the event that the Temporary Worker is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party the Client shall be liable to pay a fee calculated as 10% of the annual remuneration payable to the Applicant, based on the Remuneration applicable during the first 12 months of the Engagement or if the actual amount of the Remuneration is not known, the hourly charges referred to in clause 3.1 multiplied by 300. No refund of the fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

7.3 In the event that the Engagement of the Temporary Worker is on a Temp to Perm basis {that is when it has been agreed that the Temporary Worker will go permanent after 13 weeks (or after some other time frame agreed by both parties)} the client will be invoiced a fee at the end of the agreed time frame (or if earlier, the date when the Temporary Worker’s Engagement becomes permanent). This fee will be calculated as the difference between the usual permanent fee {permanent clause 3.3} and the margin already made by the Employment Business on the placement. The margin already made is calculated on the total hourly charges of the Employment Business in respect of the Temporary Worker up to the point when the Engagement becomes Permanent {temporary clause 3.1} and the costs associated with the Engagement. These associated costs include the National Insurance paid in respect of the Temporary Worker; holiday pay accrued by the Temporary Worker and factoring/finance charges accrued by the Employment Business.

8. LIABILITY

8.1 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 Temporary Workers and further to provide them in accordance with the Client’s booking details, the Employment Business is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence.

8.2 Temporary Workers supplied by the Employment Business are engaged under contracts for services. They are not the employees of the Employment Business but 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 Temporary Worker, whether wilful, negligent or otherwise as though the Temporary 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 etc, 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 6 above), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all Assignments.

8.3 The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Temporary 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 Temporary 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.

8.4 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Temporary Worker for the Temporary Worker to fill the Assignment.

8.5 The Client shall indemnify and keep indemnified the Employment Business against any costs, claims or liabilities incurred by the Employment Business arising out of any Assignment or arising out of any non-compliance with clauses 8.2 and 8.3 and/or as a result of any breach of these Terms by the Client.

9. SPECIAL SITUATIONS

9.1 Where the Temporary Worker is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignment involves caring for or attending one or more persons under the age of eighteen or any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Employment Business will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Temporary Worker. If the Employment Business is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.

9.2 Where the temporary staff have an exceptional reason to be absent from work (This could be due to sickness, or any unexpected circumstances) The temporary staff are required to inform their line manager or any member of Lekota Healthcare Ltd at least 15 hours before their shift start time failure to do so will attract £60 fine per action on the temporary staff member, in a situation where a temporary staff is on transit to the place of work and unexpected circumstances occur, the temporary staff is required to inform their line manager or any member of Lekota Healthcare Ltd immediately and this must be done before the shift starting time failure to do so will attract £100 fine per action on the temporary staff member

10. TERMINATION

10.1 The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standards of workmanship. If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Worker to leave the Assignment immediately or by directing the Employment Business to remove the Temporary Worker. The Employment Business may, in such circumstances, reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Assignment terminates:

1. a) Within four hours of the Temporary Worker commencing the Assignment where the booking is for more than seven hours; or

1. b) Within two hours for bookings of seven hours or less;

And also provided that notification of the unsuitability of the Temporary Worker is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment.

10.2 Any of the Client, the Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.

10.3 The Client shall notify the Employment Business immediately and without delay and in any event within 24 hours if the Temporary Worker fails to attend work or notifies the Client that the Temporary Worker is unable to attend work for any reason.

10.4 The Employment Business shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Temporary Worker supplied to the Client is unsuitable for the Assignment and shall terminate the Assignment under the provisions of clause 10.2.

11. LAW

11.1 These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.

LEKOTA HEALTHCARE LTD IS AN EQUAL OPPORTUNITIES EMPLOYER

Lekota Healthcare Ltd 13 Beck Road Sheffield is Registered in England and Wales.

Company No: 12834022

PERMANENT STAFF SERVICES – TERMS OF BUSINESS

1. DEFINITIONS

1.1. In these Terms of Business the following definitions apply:

• “Applicant” means the person introduced by the Agency to the Client for an Engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of the Agency’s own staff;
• “Client” means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;
• “Agency” means Lekota Healthcare Ltd, 13 Beck Road. Sheffield, S5 0GA
• “Engagement” means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee;
• “Introduction” means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Applicant, and which leads to an Engagement of that Applicant;
• “Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client.

1.2. Unless the context requires otherwise, references to the singular include the plural.

1.3. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.

2. THE CONTRACT

2.1. These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction.

2.2. These terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Agency, these Terms of Business prevail over any other 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 Agency 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. CLIENT OBLIGATIONS

3.1. The Client agrees:

1. a) To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;
2. b) To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and
3. c) To pay the Agency’s fee within 14 days of the date of invoice.

3.2. The fee payable to the Agency by the Client for an Introduction resulting in a temporary Engagement shall be those fees calculated in accordance with Clause

3.1 of the Agency’s Temporary Staff Terms of Business.

3.3 The fee payable to the Agency by the Client for an Introduction resulting in a permanent Engagement is calculated as 10% of the annual remuneration payable to the Applicant.

3.4 The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 8% above the base rate from time to time of the Bank of England from the due date until the date of payment.

3.5 If the Client subsequently engages or re-engages the Applicant within the period of three calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clauses 3.2 or 3.3 above as appropriate becomes payable.

3.6 The Client agrees to sign off the Applicants’ time sheets forthwith on presentation (or to make available an appropriate member of staff to sign off the timesheets forthwith on presentation).

4. INTRODUCTIONS

4.1. Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Agency which results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of the Agency’s fees as set out in clause 3.2 or 3.3 (as appropriate).

4.2. Where the amount of the actual Remuneration is not known the Agency will charge a fee calculated in accordance with clauses 3.2 or 3.3 on the minimum level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions.

5. SUITABILITY AND REFERENCES

5.1. The Agency endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the Client seeks to fill.

5.2. At the same time as proposing an Applicant to the Client the Agency shall inform the Client of such matters in clause 5.1 as they have obtained confirmation of. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the fifth business day (excluding Saturday, Sunday and any public or Bank holiday) following save where the Applicant is being proposed for a position which is the same as one in which the Applicant has worked within the previous five business days and such information has already been given to the Client.

5.3. Notwithstanding clauses 5.1 and 5.2 above the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Agency before engaging such Applicant. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by the law of the country in which the Applicant is engaged to work.

5.4. To enable the Agency to comply with its obligations under clauses 5.1 and 5.2 above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position; and any risks to health or safety is known to the Client and what steps the Client has taken to prevent or control such risks. In addition, the Client shall provide details of the date the Client requires the Applicant to commence, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.

6. SPECIAL SITUATIONS

6.1 Where the Applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position which the Client seeks to fill; or the work involves caring for or attending one or more persons under the age of eighteen, or any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Agency will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Applicant. If the Agency is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.

7. LIABILITY

7.1 The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Agency to introduce any Applicant. Further, the Client hereby indemnifies and holds harmless the Agency from and against all claims costs damages or liabilities whatsoever arising from or relating to an Introduction or Engagement. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.

8. LAW

8.1 These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.

LEKOTA HEALTHCARE LTD IS AN EQUAL OPPORTUNITIES EMPLOYER