Policies
Our recruitment policy
APPRENTIFY GROUP LIMITED (“APPRENTIFY”) RECRUITMENT POLICY
Background and Definitions
1.1 The following terms (to the exclusion of any others stipulated by Client) apply to all contracts for the engagement of Candidates (as defined below) introduced directly or indirectly by Apprentify Ltd referred to in these terms as ("the Company") to you (“the Client”) (which phrase shall include any associated, holding or subsidiary individual, firm or corporation of the Client) as defined under the Companies Act 1985 or as it may be amended from time to time.
1.2 “Candidate or Candidates” means a work-seeker notified by the Company to the Client from time to time, or an employee of the Company.
1.3 “Apprenticeship/s” means paid, in employment training, provided by the Company under the Government Apprenticeship Scheme.
1.3 “Fee” means the fee payable by the Client to the Company under these terms.
1.4 "Total Annual Commencing Remuneration” means a payment made to the Candidate, which shall include gross salary, guaranteed payments, guaranteed bonuses, guaranteed commissions, Pension, stocks, shares, carry and any equity offered to the Candidate.
Acceptance of Terms
2.1 Any use by the Client of the Candidate’s details, including, but not limited to, the interviewing (or the arrangement of an interview or the receipt of a Candidate’s CV) or offering of employment by the Client to a Candidate constitutes acceptance by the Client of these terms and conditions.
2.2 All introductions of a Candidate last for a full twelve months from the later of the sending of any of the Candidate’s information from the Company to the Client, such as the Candidate’s CV, or the arrangement of an interview with the Candidate. As such, the Fee is payable if a Candidate accepts an offer of employment with the Client or if any other relationship in these terms is formed between the Candidate and the Client within this period and whether further interviews are organised by the Company or by any other method, and whether or not the Company is the effective cause of the offer.
Circumstances in which a Fee is payable
3.1 The Fee will be payable on the date on which the Candidate accepts the offer of employment or the offer of any other relationship in these terms with the Client (including the services described in the terms of clause 6).
3.2 The Fee shall be payable by the Client if the offer of employment or the employment of the Candidate is made directly or indirectly (for example where a Candidate provides services through a limited company) and if the relationship is any commercial relationship, which includes but is not limited to, part-time or full-time and whether under a contract for services, or under an agency, licensee, franchise, commission only, partnership agreement or otherwise.
Calculation of the Fee
4.1 The Fee is calculated as a proportion of the Total Annual Commencing Remuneration, in accordance with the table set out in clause 4.2
4.2. Table of Calculation of Contract Fee as Percentage of Total Annual Commencing Remuneration:
Role or circumstance | Fee |
Sales Executive L3 or IT Salesperson L3 Apprenticeship | £2000 |
All other Apprenticeships | £1000 |
If the Client removes the Candidate from their Apprenticeship within the first 12 months but the Candidate remains in employment. | The greater of 20% of their Total Annual Remuneration or £5,000, less any Fee already paid. |
If the Client employs the Candidate but not through an Apprenticeship provided by the Company. | The greater of 20% of their Total Annual Remuneration or £5,000, less any Fee already paid |
4.3 All sums referred to in these Terms are exclusive of VAT where applicable.
Payment Terms
5.1 All payment requests for the Fee are due for payment within 14 days of its date. If payment is not settled within 14 days of such payment request, then without prejudice to its right to recover that payment from the Client:
(a) any concessions made by the Company become null and void and the agreement between the Company and the Client will revert to standard and all other terms and conditions.
(b) the Company is under no obligation to provide the replacement employee facility referred to in Section 7.1.
(c) the company reserves the right to charge interest on outstanding balances at 8% + the bank of England base rate at the time of recovering the debt.
Other recruitment services where a Fee is payable
6.1 In addition to the provisions of clause 3, the Client will also be responsible for the payment of the Fee under these terms in the event of the Candidate entering into a commercial relationship, commission-only role or non-executive directorships or any other situation where the Candidate provides services to the Client (or with an associated, holding or subsidiary individual, firm or corporation of the Client), directly or through any company or business rather than as an employee of the Client.
6.2 The Fee in respect of the introduction of a Candidate as described in clause 6.1 will be the Fee calculated by reference to clauses 3 and 4 but subject to a minimum fee of £5,000.
Candidate Replacement
7.1 No refund from the Company to the Client will be payable, however, if a Candidate leaves the Client within the first 3 months from the date the Candidate started or if the Candidate fails to start for whatever reason, then the Company will, subject to payment of the Company's payment requests within the due dates under these terms and receiving notification within 7 days of the Candidate's departure, use reasonable endeavours to provide a replacement Candidate, for the specific role vacated, for no additional fee.
General
9.1 The Company does not take up references on Candidates unless specifically instructed to do so and the Client is advised and recommended to do so before making an offer of employment.
9.2 The Client shall not make any approach to the Candidate's present or prior employers without the Candidate's prior written consent.
9.3 The Company accepts no delay of payment of its Fee or responsibility for any loss or damage sustained by the Client or any third party arising directly or indirectly from
a) any act of omission of Candidate in pursuing their employment duties, or in not commencing them on the start date, or discontinuing them thereafter or otherwise;
b) false information provided to the Client by the Candidate directly or through the Company;
c) unsuccessful work permit applications or other pre-qualification conditions agreed between the Candidate and the Client.
9.4 Any variation or addition to this agreement shall be in writing and signed by both parties.
9.6 A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
9.7 No agreed termination of this agreement shall be effective unless it is in writing.
9.8 If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
9.9 No failure or delay by the Company to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
9.10 All amounts due under this agreement shall be paid in full without any deduction or withholding other than as required by law.
9.11 The Company shall have no liability to the Client under this agreement if it is prevented from or delayed in performing its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
9.12 This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
Apprentify Ltd is committed to maintaining a high level of service and efficiency. However, because introductions are dependent upon the accuracy of information outside Apprentify’s control and a Client's Instructions, and as any decision to engage an Applicant is entirely a matter for a Client, Apprentify Ltd cannot accept liability for any Losses incurred by Clients as a result of engagements.