You are entering into the following Agreement for Work Finding Services with Kennedy Pearce Consulting as defined below. You are agreeing to this Agreement by clicking a box or link during the registration process that indicates you agree to the terms and conditions contained below.
This Agreement for Work Finding Services is between Kennedy Pearce Consulting Ltd of 2nd Floor, Regis House, 45 King William Street, London, EC4R 9AN (throughout “we”, “us”, “our” and “ours”) including, for the purposes of this agreement, our branch offices and our subsidiary or associated companies and the candidate (throughout “you”, “your”, “work-seeker” and “Candidate”).
Standard Terms and Condition for All Candidates
1. We operate as an Employment Agency when providing work finding services to a permanent candidate and do not charge you a fee.
2. You agree to provide us with your basic details as necessary, the type of work you seek and full and accurate Curriculum Vitae, for registration on our database to then enable us to search, at our sole discretion, for suitable work opportunities on your behalf. Should any information on your Curriculum Vitae change in any way you agree to promptly inform us at all times.
3.We are required to obtain and you agree to provide us with proper evidence of your identity which may include producing an original passport and your entitlement to work in the United Kingdom as per The Conduct of Employment Agencies and Employment Business Regulations 2003 (“Conduct Regulations 2003”) and the Immigration Asylum and Nationality Act 2006.
4. Before we can introduce you to a hirer we require confirmation of any qualifications or certificates that are referred to in your curriculum vitae or otherwise disclosed by you, which the hirer considers are necessary, or which are required by law or by any professional body, to work in the position which the hirer seeks to fill.
5. Where required by law, any professional body or by the hirer in respect of prospective employment, and in order to provide with work finding services you shall provide us with:
a) The appropriate authority to undertake background checks as may be necessary from time to time;
b) with the names of two referees who you agree we may obtain a reference from about you for work finding purposes;
c) A complete explanation of any gaps in between employment including activity during such gaps which is necessary and reasonable to progress any application;
6. We are under no obligation and make no representation that we can or will find work for you.
7. These terms are for work finding services only and do not create an employment relationship between us and you.
8.It is a condition of this Agreement that you provide us with all information if you have previously worked in any capacity with the hirer directly or through any third party.
9. If you agree for us to apply for the vacant position you thereby authorise us to disclose all relevant information to the hirer as is reasonably required to consider your application for the vacant position.
10. Any written offer may be subject to you satisfying additional conditions of employment.
11. You will not bring our name and/or the hirer’s name into disrepute, including engaging in any detrimental conduct and shall notify us if any such cause for concern arises.
12. When on hirer’s site, you will comply with all relevant policies (including health and safety, anti-bribery and security), and will notify us about any hazards to health or safety should they come to your attention.
13.You authorise us to take copies of all documents provided by you or obtained by us for work finding purposes for our records.
14.You agree to our use, retention, processing and verification of all information and documents that you have provided or which we have obtained as necessary for the performance of our work finding services to you in accordance with our Privacy Policy.
15.You agree to notify us in writing to dpo@kennedypearce.comshould you wish your registration on our database be removed. Notwithstanding this, we may remove your details from our database at any time in our sole discretion.
16.Should you wish to make a complaint or raise any grievance with us about the work finding services we ask that you do so in writing to a relevant manager or Director of Kennedy Pearce Consulting.
17. We do not accept responsibility and will not be liable for any loss suffered by you by reason of the hirer withdrawing the offer of employment, for failure to meet the employment conditions that the offer may be subject to or for any decision that you make to leave or resign from your current employment.
18.We do not guarantee or represent the suitability of any work found and we will not be liable for any loss suffered if the work found is not suitable.
19. No variation to these terms is valid unless agreed in writing by both parties.
Additional Terms and Conditions for Temporary Candidates
1. We operate as an Employment Business when providing work finding services to a temporary candidate and do not charge you a fee.
2. Unless notified otherwise, all Temporary Candidates will be engaged under a contract for services. Should we locate temporary work for you, the terms in this Agreement, our standard terms with a limited company provider and the Assignment Schedule shall apply.
3. If you are a limited company provider and wish to opt out of the Agency Worker Regulations (“AWR”) 2010please provide us with adequate written notice, such notice shall be incorporated herein by reference.
4. We shall make payment to you regardless of whether we have received payment from the Hirer for any work performed. However, failure by you to submit your timesheets in a timely fashion that are authorised by the hirer confirming hours worked on a weekly basis may result in a delay in payment.
5. You acknowledge that there may be periods when no suitable work is available and agree we have no liability to you for any gaps of work.
6. You are under no obligation to accept any Assignment Schedule offered to you.
7. In the event that suitable temporary work is found for you and an Assignment Schedule offered, the rate and frequency of pay, type of work and length of notice period will be determined in the Assignment Schedule. Payment is calculated on the basis of rates paid by the hirer during normal working hours. Our standard remuneration interval is weekly, unless agreed otherwise in the Assignment Schedule.
8. You will perform services for the hirer in accordance with the Assignment Schedule and as an independent contractor. Nothing in these terms shall render you an employee, agent, or partner of us or the hirer.
9. The Assignment Schedule will confirm the start date of the Assignment, the duration or likely duration, location, hours required, whether expenses are payable, intervals of payment, in addition to any health and safety requirements, all other relevant rules, regulations, policies and information applicable to the Assignment. Should you accept the Assignment Schedule you agree to comply with all terms contained therein.
10. Should you accept any Assignment Schedule you warrant that you are qualified for and suit the requirements as stipulated in the vacancy notice or Assignment Schedule and that you have read and understood the terms.
Where applicable, details of any annual leave entitlement shall be in accordance with the prevailing statutory entitlement, including those under the Working Time Regulations 1998 and/or the AWR 2010. Our holiday calendar year