Onboarding Terms

TERMS AND CONDITIONS OF BUSINESS WITH WORK-SEEKERS

These Terms and Conditions of Business are between:

(1)

Evolution Law Limited, a company incorporated in England and Wales under company number 09025739 and whose registered office is at is 27 Old Gloucester Street, London, WC1N 3AX (“Company” or “we”, “us” or “our”);

and

(2)

Individuals seeking to engage the Company’s work-finding services (“Candidate” “you” or “your”).

WHEREAS

These Terms and Conditions of Business are deemed to cover the supply of services by the Company; and

It is understood that the Company may act in its capacity as an Employment Agency (permanent recruitment services) and/or an Employment Business (temporary recruitment services) under the Conduct Regulations.

DEFINITIONS

1.1

The following definitions apply to these Terms and Conditions of Business:

“Agency Worker” means a person Engaged by the Company on a contract for services basis and paid as an agency worker in accordance with s.44 of the Income Tax (Earnings and Pensions) Act 2003;

“Assignment” means the period during which the Candidate is supplied to render services to the Client, either on a permanent or temporary basis;

“Assignment Details Form” means a document outlining the principal terms governing a temporary Assignment;

“Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 and any customer of the Client requiring the services of the Candidate;

“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003 as may from time to time be amended;

“Data Controller” means the person or business who determines the purposes, conditions and means of processing Personal Data;

“Data Protection Legislation” means (i) the UK GDPR (which via the European Union (Withdrawal) Act 2018 brought the EU’s General Data Protection Regulation ((EU) 2016/679) into UK national law), and (ii) the Data Protection Act 2018, as these may be amended or updated from time to time, and all applicable laws and regulations relating to the processing of Personal Data;

“Data Subject” is a natural person (individual) whose Personal Data is processed by a Data Controller;

“Engagement” means the engagement, employment or use of the Candidate directly by the Client or any third party or through any other company on a permanent or temporary basis, whether under contract of service or for services; an agency, license, franchise or partnership agreement; directly or through a limited company of which the Candidate is an officer or an employee. “Engage” and “Engaged” shall be construed accordingly;

“Introduction” means a) the interview of a Candidate by a Client in person or by telephone or by any other means; or b) the passing to the Client by the Company of a curriculum vitæ or information about the Candidate, which leads to an Engagement of the Candidate by the Client. The time of the Introduction shall be taken to be the earlier of (a) and (b) above; and “Introduced” and “Introduces” shall be construed accordingly;

“Limited Company” means a private company limited by shares or guarantee, or a public company limited by shares or guarantee and having a share capital, as defined in the Companies Act 2006 as may be amended from time to time, or the equivalent under overseas jurisdiction;

“Limited Company Contractor” means a Candidate whose Services are supplied by the Company to the Client through a Limited Company which is contracted by the Company under a contract for services;

“Our Services” means the Company’s specialist skills, techniques and resources employed to find you suitable work, which may be of a permanent or temporary nature;

“Personal Data” means any information relating to a Data Subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

“Recruitment Consultant” means the person employed by the Company who will provide Our Services to you;

“Registration” means (i) your registration with the Company as a Candidate on the Company’s database with a view to using Our Services;

“Your Details” means the Personal Data (including, but not limited to, your CV) you will be requested to provide to the Company, any further details that may be required either by law or upon a Client’s request, or such other details as you may have made publicly available through job boards or a professional networking site; and

“Your Services” or “Services” means the knowledge, skills, experience and techniques you will use to perform your Assignment for the Client.

GENERAL

2.1

Unless the context requires otherwise, references to the singular include the plural and words importing a gender include all other genders;

2.2

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

2.3

These Terms and Conditions of Business contain the whole agreement between the parties and supersede and replace any prior written or oral agreements, representations or understandings between the parties, and in particular shall supersede any terms set out in any invoice, timesheet, or other communication issued by you to the Company.

LAW

These Terms and Conditions of Business are governed by English law and are subject to the exclusive jurisdiction of the English Courts.

THE CONTRACT

4.1

These Terms and Conditions of Business are deemed to be accepted by virtue of your Registration and/or by virtue of your agreement for the Company to forward your CV to a Client. The Company will not forward your CV to any Client without your permission.

4.2

The Company’s work-finding services to you are provided free of charge.

4.3

These Terms and Conditions of Business will not at any time be considered to constitute a contract of employment between you and the Company or any of its Clients.

LIABILITY

The Company 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 you arising from or in any way connected with the Company seeking suitable work for you or from the Company’s Introduction of you to or Engagement by the Client or from the failure of the Company to find you suitable work. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.

THE COMPANY’S OBLIGATIONS

6.1

The Company agrees to do the following:

6.1.1

At Registration stage:

a) give you clear information about Our Services and what additional terms & conditions (if any) apply to Our Services;

b) register Your Details and provide you with our fair processing information in relation to the use of your Personal Data in accordance with the Data Protection Legislation; and

c) offer you the opportunity to receive marketing communications from us and obtain your consent to do so.

6.1.2

At Search stage:

a) match your requirements with vacancies on our database;

b) provide you with details regarding the position we propose to put you forward for; and

c) confirm your interest in and suitability for a vacancy before passing Your Details to the relevant Client.

6.1.3

At Introduction stage:

a) pass Your details to relevant Client(s);

b) arrange for you to attend an interview; and

c) inform you of the outcome of your interview.

6.1.4

At Offer stage:

a) confirm the Client’s offer to you;

b) clarify any questions you might have;

c) obtain your acceptance of that offer; and

d) if your Engagement requires you to gain security clearance or undertake a criminal background check, and/or financial credit check, we will conduct these checks only where we have obtained your prior written explicit consent. Please note that if you fail to undertake these checks and/or the result of the checks renders you unsuitable for the Assignment, it may result in the withdrawal of the Client’s offer.

6.1.5

At Placement stage:

a) If your Engagement is of a temporary nature, we will send you your contract and any other relevant documentation that you will need for the Assignment; and

b) If your Engagement is for permanent employment, the Client will send you your contract and any other relevant documentation.

YOUR OBLIGATIONS

You agree to do the following:

7.1.1

At Registration stage:

a) provide the Company with Your Details and ensure that they are complete and accurate as and when requested by your Recruitment Consultant;

b) provide the Company with proof of your eligibility to work in the UK (see also clause 8 below);

c) provide the Company with names and contact details of at least 2 professional referees or as otherwise requested by your Recruitment Consultant. You may be required at the offer stage to provide additional references in accordance with the relevant Client’s requirements;

d) inform the Company of the type of work you are looking for; and

e) provide the Company with copies of any qualifications relevant to the type of work you are looking for.

7.1.2

At Search stage:

a) give the Company permission to pass your Details to those Clients whose vacancies you are interested in; and

b) provide the Company with any additional documentation the Client may require in order for you to be considered for the vacancy.

7.1.3

At Introduction stage:

attend any interviews your Recruitment Consultant may, with your agreement, arrange for you.

7.1.4

At Offer stage:

a) if your preferred type of work is of a temporary nature, inform us whether or not you will be providing your Services as a Limited Company Contractor;

b) if applicable, provide us with a valid Opt-Out notification; and

c) if applicable, complete, return or provide any compliance or vetting requirements, including any Client-specific documentation.

7.1.5

At Placement stage:

commence Your Services on the date and time agreed.

ELIGIBILITY TO WORK IN THE UK

8.1

The Company cannot arrange for an Engagement with a Client unless you have provided proof of your eligibility to work in the UK as required under the Immigration Asylum and Nationality Act 2006.

8.2

The Company is obliged to establish eligibility to work in the UK for all its work-seekers, regardless of nationality and including those holding British nationality.

ASSIGNMENTS

9.1

The Company will seek to match your requirements with vacancies on its own database. The Company will match your requirements with both permanent and temporary vacancies unless you indicate otherwise. The Company will identify possible vacancies in accordance with your preferred type of work as you will have indicated upon registration or as a result of your discussions with your Recruitment Consultant. We will confirm in writing the nature of any Engagement.

9.2

If we offer to Engage you (or your Limited Company) for a temporary Assignment in our capacity as an Employment Business, you (or, as appropriate, your Limited Company) will be Engaged under a contract for services. If we Introduce and place you for a position direct with a Client on a permanent basis, you will not be Engaged by the Company and your contract will be with the Client, details of which will be confirmed to you at offer stage.

9.3

Notice periods may vary from Assignment to Assignment depending on duration, type of work and Client requirements.

9.4

In accordance with Regulation 15(d)(ii) of the Conduct Regulations, we guarantee that the minimum rate of pay you can expect to receive shall be at least equal to the national minimum wage or living wage as applicable at the time of the Assignment. The actual rate of pay we will be able to secure for you for each Assignment will vary, and will be confirmed in the relevant Assignment Details Form. We shall advise you of the rate applicable to each Assignment as soon as it is known to us, and to confirm it in the relevant Assignment Details Form.

9.5

If you are Engaged as an Agency Worker, you will normally be paid in arrears on a weekly basis. If you are Engaged on a Limited Company Contractor basis, your Limited Company will normally be paid in arrears on a monthly basis. Should you accept an offer of Engagement, final details regarding payment intervals will be confirmed to you in the relevant Assignment Details Form.

9.6

If you are Engaged as an Agency Worker, you will be entitled to annual leave and holiday pay in accordance with the statutory minimum as provided by the Working Time Regulations 1998 (as amended from time to time). The current statutory entitlement to paid annual leave is 5.6 weeks (28 days including bank holidays based on a 40 hour week). If you work as a Limited Company Contractor, your Limited Company will be responsible for any statutory annual leave and holiday pay entitlement that you may have. The Company will pay your Limited Company a fee that is inclusive of any holiday pay which may be due to you from the Limited Company.

9.7

For the avoidance of doubt, you will not be considered to be an employee of either the Company or its Client while working on an Assignment.

10.

DATA PROTECTION

10.1

We take our data protection obligations very seriously and always act in accordance with our obligations under the Data Protection Legislation. We act as a Data Controller when providing Our Services to you.

10.2

To understand how we have obtained your Personal Data, the legal bases which we rely on to process your Personal Data, the types of Personal Data we process, why we process your Personal Data, and for how long we retain your Personal Data, please see our privacy policy.

10.3

Under the Data Protection Legislation, you have a number of rights with respect to your Personal Data (details available in our Privacy Policy). If you have any queries or intend to rely on any of your rights, please do let us know by emailing enquiries@evolution-law.com.

11.

UNSUBSCRIBING/REMOVAL FROM OUR DATABASE

If you no longer require Our Services and would like us to remove Your Details from our database, you can do so at any time by emailing enquiries@evolution-law.com. Please note that we may be legally required to retain some Personal Data therefore we may not always be able to remove all of Your Details from our database, however we will advise you of the reasons in such an event.

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