Terms of Business – Permanent & Fixed-Term Recruitment Services
These Terms apply to all permanent, fixed-term and direct hire introductions made by Approach Personnel Ltd.
1. Definitions
“Agency” means Approach Personnel Ltd (Company No. 06253874)
“Client” means any company, business or individual requesting or receiving recruitment services from the Agency, including any associated or connected company.
“Candidate” means any individual introduced by the Agency to the Client.
“Introduction” means the provision of a Candidate’s details or CV to the Client; or the arrangement of an interview or meeting between the Client and Candidate; which results in an Engagement.
“Engagement” means the employment, engagement or use of a Candidate by the Client or any third party, whether directly or indirectly, on a permanent, fixed-term, temporary, consultancy, self-employed or any other basis.
“Remuneration” means the Candidate’s anticipated gross annual earnings package, including salary, guaranteed bonus, commission, allowances, car allowance and any other taxable benefits.
2. Basis of Agreement
2.1 These Terms are deemed accepted by the Client upon requesting recruitment services from the Agency; or engaging a Candidate introduced by the Agency.
2.2 Acceptance of these Terms may occur electronically, by email, by requesting recruitment services, by requesting or arranging an interview or by Engagement of a Candidate.
2.3 These Terms override any other terms the Client seeks to impose unless agreed in writing by a Director of the Agency.
2.4 The Agency acts as an employment agency under the Employment Agencies Act 1973.
3. Client Responsibilities
3.1 The Client agrees to:
• provide accurate information regarding the vacancy, duties, salary, benefits, location and required experience;
• notify the Agency immediately upon making an offer to a Candidate and within 7 days of the
Candidate’s start date; and
• provide the Candidate’s agreed Remuneration upon request.
3.2 The Client is solely responsible for verifying references, qualifications and suitability; obtaining right to work checks, immigration compliance and ensuring compliance with all employment, tax and regulatory obligations; obtaining any medical, security or professional checks required.
4. Fees
4.1 A fee becomes payable where the Client engages a Candidate introduced by the Agency; or a third party engages the Candidate following disclosure of the Candidate’s details by the Client.
4.2 Where a Candidate introduced, supplied or represented by the Agency on a temporary, contract, freelance or interim basis is subsequently engaged directly or indirectly by the Client or any third party, a permanent placement fee shall become payable in accordance with these Terms.
4.3 The fee is payable if the Engagement takes place within 12 months of the Introduction; or the last contact between the Agency and Client relating to the Candidate; whichever is later.
4.4 Fees are calculated based on the Candidate’s first year Remuneration as follows:
Up to £30,000 =15%
£30,001 – £50,000 =17.5%
£50,001+ = 20%
4.5 Where the actual Remuneration is unknown, the Agency may reasonably estimate the package based on market rates and available information.
4.6 Fixed-term contracts of less than 12 months will be charged pro-rata. If extended or converted to a permanent role, an additional fee will apply.
4.7 Invoices are payable within 14 days of the invoice date.
4.8 All fees are subject to VAT.
4.9 The Client shall pay all invoices without deduction, withholding or set-off.
4.10 The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
5. Cancellation Fee
If, after an offer of Engagement has been made to the Candidate, the Client decides for any reason to withdraw the offer, the Client shall be liable to pay the Agency a Cancellation Fee calculated in accordance with the Cancellation Fee Schedule below.
The cancellation fee represents a genuine pre-estimate of the Agency’s recruitment, advertising, search and administration costs incurred.
Up to £30,000 = £1,000
£30,001 - £50,000 = £1,250
£50,001+ = £1,500
6. Replacements & Refunds
6.1 If the Candidate’s employment terminates within the first 8 weeks the Agency will first attempt to provide a replacement Candidate.
6.2 If no suitable replacement is found within 4 weeks, the Client may qualify for a refund in accordance with the scale below:
Weeks 1–2 = 100%
Weeks 3–4 = 50%
Weeks 5–6 = 20%
Weeks 7–8 = 10%
6.3 No refund or replacement applies where:
• the Client has not paid the invoice on time;
• the termination relates to redundancy, restructuring or change of role;
• the Client fails to notify the Agency within 7 days;
• the Candidate is re-engaged within 12 months;
• the Client breaches these Terms.
6.4 No rebate applies to replacement Candidates.
7. Confidentiality & Data Protection
7.1 Candidate details are confidential and supplied solely for recruitment purposes.
7.2 The Client must not disclose Candidate information to any third party without the Agency’s written consent.
7.3 The parties agree to comply with all applicable UK data protection legislation, including the UK GDPR and Data Protection Act 2018.
8. Liability
8.1 The Agency shall not be liable for any loss, damage, cost or expense arising from: • the Introduction or Engagement of a Candidate; or • the failure of a Candidate to perform duties satisfactorily.
8.2 The Agency does not guarantee the suitability of any Candidate.
8.3 Nothing in these Terms excludes liability for death or personal injury caused by negligence or any liability which cannot legally be excluded.
8.4 The Agency’s total liability under these Terms shall not exceed the fee paid by the Client in respect of the relevant Candidate.
9. General
9.1 If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
9.2 These Terms constitute the entire agreement between the parties.
9.3 No variation to these Terms shall be binding unless agreed in writing by a Director of the Agency.
9.4 These Terms are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.