The following terms (numbered 1 – 12 and sub-sections) set out the terms of agreement (“Terms”) between:
Hospitality People Group Ltd t/a
FM Recruitment, Madison Mayfair, HPG Advisory Services (“the Company”)
and includes the terms required by the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“the Regulations”).
- The Company will operate as an employment agency in relation to the Candidate. “Employment agency” shall have the meaning set out in Regulation 2 of the Regulations.
- The Candidate shall provide the Company with full and accurate information, details and any supporting documentation as may be required by the Company to enable the Company to comply with its obligations, including information, details and documentation relating to or evidencing:
2.1 The Candidate’s experience, training, qualifications and any authorisation which a Hirer or potential Hirer may consider necessary, or which are required by law or by any professional body, for the Candidate to work in any position sought by the Candidate.
2.2 For positions based in the UK – All prospective employees shall, under the Immigration, Asylum and Nationality Act 2006 and the Immigration Act 2016, be required to
provide official documentation of their eligibility to work in the UK – see attached document.
- The Candidate consents to the Company submitting details of the Candidate, including details contained in, or by way of, a CV to potential Hirers of the Candidate and/or seeking to arrange an interview (including, where appropriate, a telephone interview) with any such potential Hirer. For the purposes of Data Protection legislation (including the Data Protection Acts 1984, 1998 and 2018), the Candidate consents to the Company holding, keeping, accessing, processing, and disclosing such records and Personal Data, including Sensitive Personal Data, to Hirers or potential Hirers of the Candidate, including for the purpose of enabling the Company to comply with its obligations under the Regulations.
- The Company shall not be liable to the Candidate for any direct, indirect or consequential or other loss, expense or damage suffered or incurred by the Candidate if the Company is unsuccessful in presenting the Candidate to Hirers or any particular Hirer or arising from or in connection with any delay in the presentation of the Candidate to any Hirer or potential Hirer, or in the actual presentation of the Candidate to a Hirer, or from any engagement arising from an introduction of the Candidate to any Hirer by the Company (liability for death or personal injury due to the Company’s negligence being excepted and save as otherwise provided to the contrary by law).
- The Company is not authorised to make any binding offer of employment on behalf of any client and will not make any such offer within the meaning of Regulation 21 (1) (b) of the Regulations. The Company may, as part of its service to the Candidate, ‘broker’ terms of employment that a particular Hirer may be prepared to offer to the Candidate. However, in no circumstances will the Company make a final binding offer of employment on behalf of a Hirer to the Candidate and in all cases the Candidate is advised to obtain a final binding offer of employment in writing directly from a Hirer before taking any steps to alter his/her current employment position (including by giving notice to any current employer).
- The Candidate’s agreement to these Terms shall be evidenced by the Candidate expressly confirming receipt of these Terms or, following the Company sending or giving a copy of these Terms to the Candidate by any of the means specified in Regulation 33 of the Regulations, by the Candidate: (a) being presented to any Hirer by the Company, and/or; (b) being interviewed (including by telephone) by any Hirer to whom the Candidate has been presented by the Company, and/or (c) accepting any engagement with any Hirer to whom the Candidate has been presented by the Company and/or (d) accepting any engagement with any third-party to whom the Candidate has been referred by any Hirer to whom the Candidate has been presented.
- The Candidate, upon being offered a position with the hiring company, shall provide a copy of the offer letter to Hospitality People Group. This should include details of remuneration, benefits and bonus.
- No variation or alteration of these Terms shall be valid or enforceable unless confirmed in writing by a director of the Company.
- Either party may terminate this agreement forthwith by giving the other party at least seven days’ notice of such termination by any of the means provided for in Regulation 33 of the Regulations.
- Hospitality People Group Ltd is committed to a policy of equal opportunities for all work seekers and shall adhere to such a policy at all times. We will treat everyone equally irrespective sex, sexual orientation, gender reassignment, marital or civil partnership status, age, disability, colour, race, nationality, ethnic or national origin, religion or belief, political beliefs or membership or non-membership of a Trade Union and we place an obligation upon all staff to respect and act in accordance with the policy. Hospitality People Group Ltd will not discriminate unlawfully when deciding which candidate worker is submitted for a vacancy or assignment, or in any terms of employment. Hospitality People Group Ltd will ensure that each candidate is assessed only in accordance with the candidate’s merits, qualifications and ability to perform the relevant duties required by the particular vacancy.
- The validity, construction and performance of the Terms hereby agreed between the Company and the Candidate shall be governed by the law England and Wales. The Company and the Candidate agree to submit to the exclusive jurisdiction of the English courts and tribunals as regards any claim, dispute or matter arising out of or relating to the Terms.
- For the purposes of this Agreement:
“Introduction” or “introduce(d)” shall mean the presentation of a Candidate by the Company to a Hirer, irrespective of (a) whether that Hirer knew of that Candidate prior to the Company’s presentation of the Candidate, or (b) whether that Hirer receives information about the Candidate from any other party or source subsequent to the Company’s presentation of the Candidate.
“Presentation” or “present(ed)” shall mean the submission of details of a work- seeker, including any CV, by the Company to a Hirer, whether in writing or orally and/or the arrangement of an interview (including any telephone interview) between the Candidate and any such Hirer.
“Engagement” or “engaged” shall mean the appointment of the Candidate, either in a personal or corporate capacity, by a Hirer whether under a contract of service, a contract for services, or where the Candidate is retained or used by the Hirer under any contract, including as an agent, distributor, representative or franchisee, or partnership arrangement, whether on a permanent, temporary or casual basis, within a period of 12 months from the date of a final interview with the Hirer, or from the date of presentation of the Candidate to any such Hirer where no interview between the Candidate and the Hirer takes place.
“Candidate” shall mean the person specified in this Agreement and shall have the same meaning as ‘Work-seeker’, as set out in Regulation 2 of the Regulations.
“Hirer” shall mean any person, firm, corporate body, or other legal entity to whom or which a Candidate is presented by the Company or who or which has agreed to or requested that the Company presents Candidates and shall include any “connected person” within the meaning of Regulation 3 of the Regulations.