Terms of Business for the Supply of Staff
1. DEFINITIONS
1.1. In these Terms of Service, the following definitions apply:
“Assignment” refers to the period during which a BRB Temps Worker (Nurse/Care Assistant/Chef/Cook/Domestic Assistant/Support Worker/Manager) is engaged to provide services to the Client.
“Client” means the individual, company, or corporation, along with any subsidiary or associated company as defined by relevant legal statutes, requiring the services of the BRB Temps Worker.
“Engagement” means any form of employment or utilization of the BRB Temps Worker, directly by the Client, a third party, or through any employment business on a permanent or temporary basis, including contracts of service, agency arrangements, licenses, franchises, partnerships, or other engagements.
“Introduction” refers to the Client’s interview of a BRB Temps Worker, either in person or by telephone, following the Client’s instruction to the Employment Business to supply or search for a member of staff, or the passing of a curriculum vitae or other information leading to the Engagement.
“Introduction Fee” is the fee payable as outlined in clause 7.2 below and Regulation 0 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
“Employment Business” refers to OSJ Holdings Limited trading as BRB Temps, located at Office 513 Hanover House, Hanover Street, Liverpool L1 3DZ, referred to as BRB herein.
“Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car, and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the BRB Temps Worker for services rendered to or on behalf of the Client or any third party. If a company car is provided, a notional amount of £4,000 will be added to the salary to calculate the Nursing Business’ fee.
“Transfer Fee” is the fee payable as outlined in clause 7.1 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
1.2 Unless the context otherwise requires, references to the singular include the plural.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
1.4 The term "Member" will be used to refer to a BRB Temps Worker unless specifically stated.
2. THE CONTRACT
2.1 These terms and conditions constitute the contract between the Client and BRB for the provision of a Members services to the Client and apply to all Assignments. A guide providing full details about BRB's services is available upon request. BRB will also provide details of the qualifications and experience of the Member to be supplied to the Client.
2.2 These Terms of Service are deemed accepted by the Client upon its request for an interview with or the introduction of a Member by BRB, or the passing of any information about the Member to any third party following an Introduction.
2.3 These Terms contain the entire agreement between the parties, prevailing over any other terms of business put forward by the Client unless otherwise agreed in writing by a Director of the Nursing Business.
2.4 No variation or alteration of these Terms and Conditions is valid unless details of such variation are agreed upon by a Director of BRB and the Client, set out in writing, and a copy of the varied terms is provided to the Client.
3. TIMESHEETS
3.1 At the end of each week of an Assignment (or at the end of the Assignment if for one week or less), the Client shall sign the BRB timesheet, verifying the number of hours worked by the Member during that period.
3.2 The Client's signature on the timesheet confirms the number of hours worked by the Member. If the Client disputes the hours claimed and is unable to sign the timesheet, they shall inform BRB promptly, cooperating fully to establish the actual hours worked. Failure to sign the timesheet does not alter the Client’s liability to pay for hours worked.
3.3 The Client cannot decline to sign a timesheet based on dissatisfaction with the work performed by the Member. Unsatisfactory work should be addressed as per clause 10.2 below.
3.4 Acceptance of these Terms & Conditions is deemed by a signed timesheet.
4. HOURLY CHARGES
4.1 The Client agrees to pay the hourly charges of BRB, as notified and agreed upon. These charges include the Member’s pay, any sums due for holiday pay or statutory entitlements, BRB’s commission, employer’s National Insurance contributions, and any agreed-upon expenses.
4.2 Charges are invoiced weekly and payable within 20 days from the end of the invoiced month. Any agreed-upon expenses are added to or deducted from the invoice as appropriate.
4.3 BRB reserves the right to charge interest on overdue amounts at a rate of 3% from the due date until the date of payment.
4.4 No rebates are payable in respect of BRB charges.
4.5 Queries regarding BRB’s charges must be raised within 7 days of invoice receipt. Failure to raise queries within this period implies the Client's satisfaction with BRB’s charges.
5. REMUNERATION, DEDUCTIONS, AND STATUS
5.1 BRB is responsible for payment of all remuneration due to the Member and for deductions and payments of National Insurance contributions and PAYE Income Tax applicable to the Member.
6. INFORMATION TO BE PROVIDED
6.1 BRB shall inform the Client, when introducing a Member, of the Member’s identity, necessary experience, training, qualifications, authorizations, employment status, and willingness to work in the Assignment. This information will be provided in written or electronic form within three business days, unless the Client requests resubmission.
7. TRANSFER AND INTRODUCTION FEES
7.1.1 In the event of the Engagement by the Client of a Member supplied by BRB directly or through another nursing business within:
• The duration of the Assignment,
• 14 weeks from the start of the first Assignment (considering breaks exceeding 42 days as a new 'first Assignment'), or
• 8 weeks from the day after the last day the Member worked on the Assignment,
the Client is liable for either an extended period of hire (as in 7.1.3) or a Transfer Fee (as in 7.1.2). The Client must provide BRB 5 days' written notice before the Engagement to choose between extended hire or paying the Transfer Fee.
7.1.2 The Transfer Fee is calculated as follows:
10% of the remuneration for the Members first 12 months of the engagement.
If the actual Remuneration is unknown, the hourly charges agreed upon in clause 4.1 multiplied by .
If the Member leave the employment of the client within the first 12 weeks of employment, the client is entitled to the transfer fee being refunded in full.
7.1.3 The period of extended hire is 12 weeks, during which the Client pays the current hourly charge agreed upon in clause 4.1 for each hour the Member is employed. A minimum of 480 hours must be worked within these 12 weeks to qualify.
7.1.4 If the Client elects extended hire but Engages the Member directly or through another nursing business before the end of this period, the Transfer Fee (as in 7.1.2) may be charged, reduced based on the percentage of extended hire already undertaken and paid for by the Client.
7.2 In the event of an Introduction of a Member to the Client, not resulting in the supply of that Member by BRB but leading to an Engagement within 6 months, the Client is liable for either a period of hire (as in 7.1.3) or an Introduction Fee (as in 7.1.2). The Client must provide BRB 5 days' written notice before the Engagement to choose between extended hire or paying the Introduction Fee. If no notice is given, the Introduction Fee is due.
7.3 If the Engagement is for a fixed term of less than 12 months, the fee in clause 7.1.2 applies pro-rata. If extended beyond the initial term or re-engaged within 3 months of the first Engagement termination, an additional fee based on the additional Remuneration is payable.
7.4 If a Member supplied to a Client is introduced by the Client to a third party within the Assignment's duration, or within 14 weeks from the start of the first Assignment or 8 weeks from the last day worked, the Client pays a Transfer Fee calculated as 20% of the Remuneration for the first 12 months or hourly charges agreed upon in clause 4.1 multiplied by 250. No refund is provided if the Engagement terminates.
7.5 In case of an Introduction of a Member not resulting in supply by BRB but leading to Engagement by a third party within 6 months, the Client is liable for an Introduction Fee as outlined in 7.4.
8. LIABILITY
8.1 BRB makes every effort to ensure the standards of skills, integrity, and reliability of Members but accepts no liability for losses, expenses, or damages arising from failure to provide a Member or the Member's negligence, dishonesty, or misconduct. Liability is not excluded for death or personal injury arising from BRB's own negligence.
8.2 Members are under the Client's supervision, direction, and control during Assignments. The Client is responsible for acts, errors, and omissions of the Member and must comply with all statutory requirements and obligations, including the provision of adequate insurance cover.
8.3 The Client must inform BRB of any special health and safety matters relevant to the Assignment and provide information about any legal or professional requirements for the Member to fill the Assignment. The Client shall not cause BRB to breach its obligations under the Working Time Regulations 1998.
8.4 The Client shall indemnify BRB against any costs, claims, damages, and expenses arising from any Assignment, non-compliance with clauses 8.2 and 8.3, or any breach of these Terms by the Client.
9. POLICIES AND PROCEDURES
9.1 Where the Client is the patient for whom the Assignment is performed, the Member is restricted from assisting the Client in making a will or benefiting under the terms of any will or codicil made by the Client.
9.2 The Client will cooperate with BRB in assessing risks at the Assignment premises, providing relevant information upon request.
9.3 The Member will adhere to BRB's policies on medication administration and seek the Client's informed consent for all aspects of care. The Client shall not request the Member to act in a manner contrary to these policies.
9.4 In cases where the Member is supplied to the Client's home, third-party equipment shall only be used if deemed safe and after necessary checks by the equipment provider.
9.5 The Member must seek the Client’s informed consent for all aspects of care.
10. STATEMENT OF PURPOSE & COMPLAINTS PROCEDURE
10.1 BRB's statement of purpose, as per the Health and Social Care Act 2008, is available on request.
10.2 The Client can submit complaints about services during the Assignment, following BRB's complaints procedure, which will be provided to the Client upon request.
11. TERMINATION
11.1 If the Client deems the Member's services unsatisfactory, termination of the Assignment can occur by instructing the Member to leave immediately or by directing BRB to terminate the Assignment. BRB may reduce or cancel charges for the Member’s time if the termination occurs within:
• Four hours of the Nurse commencing the Assignment for bookings over seven hours,
• Two hours for bookings of seven hours or less,
provided that the Client confirms the unsuitability of the Member in writing to BRB within 48 hours of termination.
11.2 Either the Client, BRB, or the Member may terminate an Assignment at any time without prior notice. Termination with less than 24 hours but more than 12 hours' notice incurs a cancellation fee of 4 times the hourly rate, as per charges in clause 4.1. Termination with less than 12 hours' notice incurs a cancellation fee equal to the full value of the booked Assignment.
11.3 The Client must notify BRB immediately, within 24 hours, if the Member fails to attend work or notifies the Client of an inability to attend.
12. SPECIAL SITUATIONS
12.1 If the Member requires specific qualifications or authorizations by law or professional bodies, BRB will take steps to provide relevant information to the Client.
13. FORCE MAJEURE
13.1 BRB will make best efforts to provide Member services throughout the Assignment. If an event of force majeure materially interferes, BRB's obligations are suspended, and no liability arises for losses or costs incurred by the Client during this suspension.
14. LAW
14.1 These Terms are governed by the laws of England, Wales, and Scotland and are subject to the exclusive jurisdiction of the Courts of England, Wales, and Scotland.