RECRUITMENT OF PERMANENT EMPLOYEES

Last reviewed: 26/08/2206

These Terms & Conditions of Business ("Terms") apply to recruitment services provided by Valentine Group("Valentine", "we", "us" or "the Consultancy") to the client engaging our recruitment services ("the Client", "you" or "your").

By requesting candidate details, reviewing a candidate profile or CV, arranging an interview, or otherwise proceeding with an introduction made by Valentine, the Client agrees to be bound by these Terms.

1. Definitions

For the purposes of these Terms:

"Candidate" means an individual introduced to the Client by Valentine.

"Client" means the person, company, partnership or other organisation engaging Valentine's recruitment services, including any subsidiary, parent, associated company or connected organisation to whom a Candidate is introduced.

"Introduction" means the provision of information identifying a Candidate to the Client, including but not limited to a CV, candidate profile, telephone introduction, email introduction, interview or other communication which identifies the Candidate.

"Engagement" means the employment, appointment, engagement or use of a Candidate by the Client, whether under a contract of employment, contract for services, consultancy arrangement, partnership or otherwise.

"Remuneration" means the Candidate's gross annual basic salary payable by the Client upon commencement of the Engagement, excluding discretionary bonuses and benefits unless otherwise agreed in writing.

"Fee" means the recruitment fee payable by the Client to Valentine following an Engagement.

2. Introduction of Candidates

2.1 Valentine provides recruitment services on a permanent placement basis.

2.2 An Introduction will be deemed to have been made when Valentine provides the Client with information identifying a Candidate.

2.3 The Client's request for candidate details, receipt of a CV or candidate profile, arranging an interview, or otherwise progressing a Candidate will constitute acceptance of these Terms.

2.4 All Candidate introductions are confidential and provided solely for the Client's recruitment purposes.

2.5 Where a Candidate introduced by Valentine is subsequently engaged by the Client, or by any company within the Client's group, the applicable Fee will become payable.

3. Recruitment Fee

3.1 Valentine's standard permanent recruitment fee is 17.5% of the Candidate's first-year gross basic annual salary.

3.2 Any alternative fee agreed between Valentine and the Client must be confirmed in writing by Valentine.

3.3 The Fee becomes payable when the Candidate commences employment or other Engagement with the Client.

3.4 Where the Candidate's actual Remuneration is subsequently found to be higher than the salary figure originally provided to Valentine, Valentine reserves the right to invoice the additional Fee calculated against the increased Remuneration.

3.5 All Fees are exclusive of VAT where applicable.

3.6 Invoices will normally be issued on commencement of the Candidate's Engagement and are payable within 7 days of the invoice date.

4. Introductions and Ownership of Candidates

4.1 Where Valentine introduces a Candidate to the Client and that Candidate is subsequently engaged by the Client within 24 months of the Introduction, the Client will be liable for the applicable recruitment Fee.

4.2 This applies whether the Engagement takes place directly or indirectly through another recruitment agency, intermediary, subsidiary, associated company or third party.

4.3 Where the Client introduces the Candidate to another company or third party and that introduction subsequently results in an Engagement within the 24-month period, the Fee remains payable.

4.4 If the Client believes that a Candidate introduced by Valentine is already known to them or has previously been introduced by another recruitment business, the Client must notify Valentine in writing within one working day of receiving the Introduction.

4.5 If no such notification is received within this period, the Candidate will be treated as an Introduction by Valentine for the purposes of these Terms.

5. Rebate / Replacement Guarantee

5.1 Where the Engagement of a Candidate terminates within the applicable period below, Valentine will provide a rebate against the Fee, provided that the conditions in this clause are met:

Length of employment

Rebate

0–1 week

100%

1–2 weeks

87.5%

2–3 weeks

75%

3–4 weeks

62.5%

4–5 weeks

50%

5–6 weeks

37.5%

6–7 weeks

25%

7–8 weeks

12.5%

5.2 The rebate will only apply where:

• the termination is not due to redundancy, restructuring or reorganisation;

• the Candidate has not left as a result of circumstances caused by the Client;

• the Client notifies Valentine in writing within 7 days of notice of termination being given; and

• all outstanding invoices and sums due to Valentine have been paid.

5.3 The rebate is the Client's sole remedy in relation to the early termination of a Candidate's Engagement and does not constitute an obligation on Valentine to provide a replacement Candidate.

6. Candidate Suitability and Client Responsibilities

6.1 Valentine will use reasonable care and skill in identifying and introducing Candidates who appear suitable for the vacancy.

6.2 Valentine does not guarantee that a Candidate will be suitable for the Client's requirements or remain employed for any particular period.

6.3 The Client remains responsible for satisfying itself as to the Candidate's suitability before making an offer or commencing an Engagement.

6.4 The Client is responsible for carrying out any checks it considers necessary, including:

• references;

• qualifications;

• professional memberships;

• right-to-work checks;

• criminal record checks where appropriate;

• driving licence checks;

• employment history; and

• any other checks required by the nature of the role.

6.5 Where professional qualifications, authorisations or other checks are required by law or by the Client, Valentine will take the appropriate steps within its role as a recruitment agency.

The current government guidance specifically places obligations on agencies to obtain relevant information from the hirer and take reasonable steps concerning suitability and qualifications. 

7. Limitation of Liability

7.1 Valentine will use reasonable care and skill in providing its recruitment services but will not be liable for any loss, damage, cost, expense, claim or liability arising from:

• the Candidate's acts or omissions;

• the Candidate's qualifications or suitability;

• the Candidate's resignation or dismissal;

• the Client's decision to employ a Candidate; or

• the failure of a Candidate to commence or continue an Engagement,

except where such liability cannot lawfully be excluded.

7.2 The Client remains responsible for ensuring that its employment practices, contractual arrangements and treatment of Candidates comply with applicable legislation.

8. Payment and Late Payment

8.1 All invoices are payable within 7 days unless otherwise agreed in writing.

8.2 If an invoice is not paid when due, Valentine reserves the right to charge statutory interest and compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, where applicable.

8.3 Valentine may also recover reasonable costs incurred in recovering overdue sums, including reasonable administrative, legal and debt recovery costs where permitted by law.

8.4 Valentine may suspend recruitment services where an account is materially overdue.

9. Confidentiality

9.1 Candidate information supplied by Valentine is confidential and must only be used for the purpose of considering the Candidate for employment or Engagement.

9.2 The Client must not disclose Candidate information to any third party except where reasonably necessary for its recruitment process and subject to applicable data protection legislation.

9.3 Any unauthorised onward disclosure or use of Candidate information which results in an Engagement may result in the Fee becoming immediately payable.

10. Data Protection

10.1 Valentine takes the protection of personal data seriously and will process personal data in accordance with applicable UK data protection legislation.

10.2 This includes, where applicable, the UK GDPR, Data Protection Act 2018, Privacy and Electronic Communications Regulations 2003 (PECR) and any legislation replacing or amending those laws.

10.3 Valentine acts as a data controller in respect of personal data it holds and processes in connection with Candidates and recruitment services.

10.4 The Client will act as a separate data controller in respect of personal data it receives and processes following an Introduction.

10.5 Each party will take appropriate technical and organisational measures to protect personal data against unauthorised access, accidental loss, destruction, alteration or disclosure.

10.6 The Client agrees that Candidate information supplied by Valentine will only be processed for legitimate recruitment and employment purposes.

10.7 Any suspected personal data breach relating to information provided by Valentine must be notified to Valentine without undue delay.

10.8 Valentine's approach to personal data is set out further within its Privacy Notice.

10.9 Valentine Group is registered with the Information Commissioner's Office (ICO) where required by applicable data protection legislation.

11. Modern Slavery

11.1 Valentine Group is committed to conducting its business ethically and responsibly and does not tolerate slavery, servitude, forced or compulsory labour, human trafficking or exploitation.

11.2 Valentine expects its employees, Candidates, Clients, suppliers and business partners to uphold appropriate standards of ethical conduct and comply with applicable modern slavery legislation.

11.3 Valentine will take reasonable and proportionate steps within its business and recruitment activities to identify and address risks relating to modern slavery and human trafficking.

11.4 Valentine will not knowingly work with an organisation where there are serious and credible concerns regarding modern slavery, forced labour or human trafficking.

11.5 Where appropriate, Valentine may request information from Clients or suppliers regarding their own policies and procedures for preventing modern slavery within their business or supply chain.

11.6 Valentine will review its approach periodically and update its practices where appropriate.

12. Non-Solicitation of Valentine Employees

12.1 The Client agrees that it will not knowingly solicit or entice away any employee of Valentine for the purpose of employing or engaging that individual without Valentine's prior written consent.

12.2 This restriction will apply during the period of the Client's relationship with Valentine and for 12 months following its termination.

12.3 Where Valentine provides written consent to such an Engagement, Valentine may require the Client to pay a fee reflecting the recruitment and replacement costs incurred by Valentine.

13. Term and Termination

13.1 These Terms will remain in force until terminated by either party by giving 30 days' written notice.

13.2 Termination will not affect any rights or obligations which arose before the termination date.

13.3 Any Introduction made before termination will remain subject to these Terms for the purposes of determining whether a Fee subsequently becomes payable.

14. Changes to These Terms

14.1 No variation to these Terms will be effective unless agreed in writing by Valentine and the Client.

14.2 Where specific commercial terms have been agreed in writing between Valentine and the Client, those terms will take precedence over these standard Terms to the extent of any conflict.

15. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be modified or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

16. Governing Law and Jurisdiction

These Terms and any dispute or claim arising from them will be governed by the laws of England and Wales.

The courts of England and Wales will have exclusive jurisdiction in relation to any dispute arising from these Terms.

17. Acceptance

By instructing Valentine Group to undertake recruitment services, requesting or receiving Candidate information, arranging an interview with a Candidate or engaging a Candidate introduced by Valentine, the Client confirms that it has read, understood and accepted these Terms.