Company Policies
Terms of Business
For the Introduction of Permanent Staff
1. These Terms and Conditions of Business are between McAuley Recruitment Services Ltd. and/or any subsidiaries or associates or separate names hereinafter called the "AGENT" and the Employer Client (the "CLIENT") and are deemed to be accepted by the Client by virtue of an interview whether effected by the agent or directly by the client of the engagement (which term includes employment or use, whether under a contract of service or for services, or under the agency, licensee, franchise or partnership agreement) of an applicant introduced by the Agent.
2. The Client agrees:
(a) to notify the Agent immediately an engagement is accepted and
(b) to pay the fee of the Agent, immediately upon the commencement of the engagement.
3. The fee payable to the Agent by the Client for the introduction of an applicant is calculated as a percentage of the applicant's gross equivalent annualised remuneration plus bonuses subject to a minimum fee chargeable of £1,000 + VAT. The percentage of the employee's gross remuneration will be as follows:-
15% for salaries up to £14,999
17.5% for salaries of £15,000 to £24,999
20% for salaries of £25,000 to £40,000
25% for salaries of £40,001 and above.
VAT will be charged in addition to the fee. Motor cars provided to candidates introduced will be assessed as remuneration at the rate of £3,000 p.a. + VAT
4. In the event of an applicant leaving the Client's employment within 12 weeks of commencement for any reason other than through work redundancy, provided that the Agent is notified in writing within seven days of termination of employment and provided that the Client has paid the Agent's fee within 14 days of the date of invoice, the Agent shall endeavour to seek one replacement at no extra cost to the Client. If the Agent is unable to find a replacement, the Client shall receive a credit against the fee paid, which shall be calculated as a proportion of the Introduction fee as follows:-
(a) up to 8 weeks' service 50% refund
(b) 9 to 12 weeks' service 25% refund
Should the Client or any subsidiary or associated company of the Client subsequently re-engage the applicant, or the use of an applicant, within the period of six calendar months from the date of termination a full fee in accordance with paragraph 3 above becomes payable (with no entitlement to a refund)
5. Introductions are confidential. Any information passed to a third party which results in the engagement of an applicant, or the use of an applicant, whether temporary or permanent, renders the Client liable to payment of the Agent's fee as set out in Paragraph 3.
6. An introduction fee calculated in accordance with Paragraph 3 of these terms will be charged in relation to any applicant engaged as a consequence of or resulting from an introduction by or through the Agent even though the introduction may be made indirectly.
7. The Agent endeavours to ensure the suitability of any applicant introduced to the Client. However the Agent does not personally establish references and the Client must satisfy themselves as to the suitability of any applicant and shall be responsible for taking up any references (including the confirmation of any professional or academic qualifications) provided by any applicant and/or the Agent before engaging such applicant. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any applicant, and satisfy any medical and other requirements or qualifications required by law.
8. The Agent shall not be liable to the Client under or in connection with this Agreement for any indirect or consequential loss or damage or any loss of or damage of profit, revenue, savings, use, contract, goodwill or business, in each case howsoever caused, including without limitation by reason of misrepresentation (whether made prior to or in this Agreement), negligence, other tort, breach of contract or breach of statutory duty.
9. No variation can be made to these terms without the written consent of a director of the Agent.
10. This Agreement shall be governed by and construed in accordance with the laws of Scotland and the parties hereby submit to the non-exclusive jurisdiction of the Scottish Courts.
11. Overdue debts - we reserve the right to charge interest on all overdue debts at the rate of 2% per month or part of a month.