Terms and Conditions-Engineering | Kelly Services United Kingdom
Terms and Conditions of Business
100% Guarantee for your KER contractor
Kelly Engineering Resources guarantees that the KER contractor assigned to the customer shall satisfactorily perform the services ordered by the customer.
Upon reasonable notice from the customer, KER will cancel all charges for unsatisfactory service.
KER Temporary & Contract Services
Kelly Engineering Resources, a member of the Recruitment and Employment Confederation, is committed to excellence in every aspect of its operation.
With ISO 9002 accreditation throughout its network of branches and its own quality management system in place, the company is at the forefront of raising industry standards and providing answers on the latest employment issues.
KER has a proven track record for supplying temporary and contract staff and recruitment innovations that help its client companies to achieve their business goals. The company takes a strategic approach to human resource management providing HR solutions from one-off emergency cover right through to fully managed services.
We specialise in high quality personnel
Kelly Engineering Resources specialises in recruiting the most talented engineers, technicians, designers, project manager and engineering support personnel. From electrical, process and chemical to automotive and service engineers, whether permanent or contract staff, we work quickly and efficiently to match engineering skills to employers’ needs across a range of industries.
With over 30 years' experience in recruitment and 15 of those specialising in engineering staffing, Kelly Engineering Resources is able to supply employers with a unique and professional recruitment service technical knowledge, expertise in the latest HR legislation to fully understand and meet your needs.
Terms and conditions of business for the introduction of temporary and contract staff.
1. In these Terms and Conditions the following definitions shall apply: “Kelly” means Kelly Services (UK) Limited, or any of its associate or subsidiary companies, acting as an employment business (within the meaning of the Conduct of Employment Agencies and Employment Businesses Regulations 2003). The registered office of Kelly Services (UK) Limited is situated at Apple Market House, 17 Union Street, Kingston-upon-Thames, Surrey KT1 1RR, England.
“Client” means any party to a contract with Kelly for the supply of services.
“Temporaries” means any person(s), firm, business or limited company supplied to the Client by Kelly to carry out the Services. For the purposes of the Statutory Holiday Entitlement aspects of the Working Time Regulations (see Clause 11 below) “Temporaries” do not include any person(s), firm, business or limited company from whom Kelly do not deduct PAYE and National Insurance.
“Temporaries” may be engaged by Kelly under a “contract of employment” or under a “contract for services” or another arrangement that deems the worker to be classed as self-employed.
“Services” means those services, including but not limited to the work carried out by Temporaries, which Kelly agrees to supply to the Client.
2. These Terms and Conditions of Business shall be deemed to be incorporated in any quotation submitted by Kelly to the Client. No contract shall be concluded between Kelly and the Client unless and until the Client shall have accepted these Terms and Conditions either expressly or by implication, and consequently anything in any document inconsistent with these Terms and Conditions or any part thereof shall be deemed to be void and of no effect and every such document shall be deemed to include and/or incorporate these Terms and Conditions.
3. Kelly agrees to furnish the Services to the Client.
4 The Client is responsible for providing to the Temporaries day to day instructions relating to the services required and accordingly the Client agrees to be responsible for acts, errors and omissions of Temporaries at all such times as if the Temporaries were employees of the Client. The Client will accordingly be responsible for maintaining at its own expense adequate insurance (including Employers’ and Public-Liability Insurance) in relation to the Temporaries, which shall apply at all times for the duration of the Services.
5. The Client agrees to indemnify Kelly against all claims, costs, expenses and any other liabilities incurred by Kelly as a result of, in connection with, or arising out of claims brought by Temporaries, employees or customers of the Client or by any other person, firm or company including but not limited to members of the general public where such claims arise as the result of acts or omissions of the Client or any other person, firm or company or acts of omissions of the Temporaries acting on the instructions of the Client or third parties on behalf of the Client.
6. The Client will not entrust Temporaries with the handling of cash, negotiables, other valuables, credit card, debit card or bank account information without prior written permission from Kelly.
7. The Client will not direct or procure Temporaries to drive motor vehicles, goods vehicles, or powered industrial trucks without the prior written consent of Kelly and any such consent will only be granted on the basis that the Client will be wholly responsible for any liabilities arising out of such use (including but not limited to bodily injury, property damage, fire, theft or collision claims) and that the Client will take out the appropriate insurance cover (including any cover required by statute).
8. The Client agrees to observe its obligations under the Working Time Regulations – 1998 (as amended, re-enacted, supplemented and/or replaced from time to time) including, but not limited to the following. The Client agrees:
- to treat all Temporaries as it would its own employees
- not to require Temporaries to work in excess of the average 48 hour working week where they have been informed that there is no written agreement for the Temporary to do so
- to inform Kelly in the event that a Temporary is required to transfer from day work to night work
- not to require the Temporary to work in excess of an average of 8 hours night work in every 24 hours
- not to require the Temporary to work in excess of 8 hours absolute in any night where the nature of the work is deemed to be hazardous or to involve heavy mental or physical strain
- to assist Kelly in risk assessment related to night work
- to ensure that the relevant rest periods are made available to Temporaries.
9. No liability will be accepted by Kelly for any loss, expense, damage or delay arising from any failure to provide Temporaries for all or part of the period of the Services or from the negligence, dishonesty, misconduct or lack of skill or qualifications of the Temporary provided and all conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the provision of the Temporaries are hereby excluded to the fullest extent permitted by law. Kelly will be liable only for its own negligence or wilful misconduct in the provision of Temporaries to the Client.
10. The Client agrees to pay for the Services in accordance with schedules of hourly rates to be agreed upon between the parties from time to time. In calculating charges, week day overtime and Saturday hours will be billed at time and one-half while Sunday hours will be billed at double-time, unless some other basis is agreed in writing between Kelly and the Client. Kelly will bill and the Client agrees to pay for a minimum of four (4) hours per order. Kelly will submit to the Client an invoice in respect of the Services provided during the preceding week and the Client agrees to pay the amount detailed therein immediately upon receipt of such invoice. 11 Kelly shall, upon request of the Client, furnish to the Client evidence of the payment of all wages, Statutory Holiday Entitlement and other compensation due to Temporaries who are assigned by Kelly to perform the Services and evidence of the compliance with all PAYE and National Insurance or other legal requirements relating thereto.
12. In the event of Kelly being notified that the Services are in the Clients reasonable opinion unsatisfactory, Kelly may at its absolute discretion, reduce or cancel the charge for the time worked by that Temporary, provided that the Temporary leaves that assignment immediately and that such notification, which must be confirmed in writing within five (5) days, is received either:
(a) Within four (4) hours of the Temporary commencing duties where the booking is for more than seven (7) hours; or (b) Within two (2) hours for bookings of seven (7) hours or less.
13. The Client will provide a suitable place for Temporaries to work, which shall comply with all common law or statutory obligations including but not limited to health and safety, occupier’s liability and employment legislation including Codes of Practice introduced persuant to such legislation.
14. The Client and Kelly agree they will not divulge to third parties, without the prior written consent of the other, any confidential information obtained from or through the other in connection with the performance of this Agreement.
15. As an employment business, the Services that Kelly provide are made possible only by a substantial investment in advertising for, testing and training a large number of Temporaries. Therefore, in consideration of this investment the Client agrees that if it wishes to offer employment on any basis to Temporaries or transfer the Temporaries to another employment agency, employment business or other business within whichever of the following periods ends later:
(a) 8 weeks commencing on the day after the day on which the Temporary last worked for the Client pursuant to being supplied by Kelly; or
(b) 14 weeks commencing on the first day on which the Temporary worked for the Client pursuant to the supply of that Temporary to that Client by Kelly, the Client is rendered liable for the payment to Kelly of the normal introduction fee for the introduction of permanent staff as per Clause 3 of Kelly’s Terms and Conditions of Business for the Introduction of Permanent Staff, which form part of this booklet. In determining the first day on which a Temporary worked for the Client, no account shall be taken of any supply that occurred prior to a period of more than 42 days during which that Temporary did not work for that Client.
No rebate pursuant to Clause 10 of the Terms and Conditions of Business for the Introduction of Permanent Staff is available for such introductions.
If a Temporary has been introduced to the Client but has not worked for that Client and that Client introduces the Temporary to a third party, whether an individual employer, subsidiary or parent company or another employment business, the Terms and Conditions for the Introduction of Permanent Staff will apply. Instead of the normal introduction fee, where the Temporary has already been supplied to the Client by Kelly, the Client may by written notice to Kelly, elect for an additional hire period of 14 weeks during which time the Temporary will be supplied to the Client on the same conditions as those already in force for the most recent supply.
16. The various provisions and sub-provisions of this Agreement are severable and if any provision or sub-provision or identifiable part thereof is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions or sub provisions or identifiable parts thereof in this Agreement.
17. This Agreement constitutes the entire agreements between the parties and supersedes any previous agreements or arrangements between them, and may not be varied except by the express permission of a Director of Kelly in writing, provided that nothing shall exclude either party’s liability for fraudulent misrepresentations.
18. If the Client is late in making payment or does not make full payment to Kelly persuant to Clause 10, Kelly reserves the right to charge interest on the outstanding amount from the date payment is due pursuant to Clause 10 until payment is received by Kelly. Interest shall be charged at 2% per annum above base rate from time to time of Lloyds TSB Bank plc on a daily basis.
19. Notwithstanding anything else contained in this Agreement, neither party shall be liable for delay in performing its obligations under this Agreement if and to the extent that the delay is caused either by circumstances beyond its reasonable control (including a delay caused by an act or omission of the other party): or by any of the following:
- acts of God
- outbreaks of hostilities, riot, civil disturbances, acts of terrorism;
- the act of any government or authority (including refusal or revocation of any licence or consent);
- fire, explosion, flood, fog or bad weather;
- power failure, failure of telecommunication lines, failure or breakdown of plant, machinery or vehicles;
- default of suppliers or sub-contractors; and
- theft malicious damage, strike, lock-out or industrial action of any kind providing the party suffering the delay promptly notifies the other party in writing of the reasons for, and likely duration of, the delay, the performance of that party’s obligations shall be suspended during the period that the circumstances persist and it shall be granted an extension of time for performance equal to the period of the delay.
20. This Agreement shall be governed and construed in all aspects in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.
Terms and Conditions for the introduction of permanent staff
1. These Terms and Conditions of Business are between Kelly Services (UK) Limited, or any of its associate or subsidiary companies, acting as an employment agency (within the meaning of the Conduct of Employment Agencies and Employment Businesses Regulations 2003) (hereafter called the Agent) and any individual partnership or company to whom the Agent refers an applicant for interview (hereafter called the Client).
2. On accepting an applicant referred by the Agent for interview, the Client is accepting these Terms and Conditions of Business as the Contract between the parties. The Client shall immediately advise the Agent in the event that the Client or a company associated with the Client engages an applicant or agrees to make use of or use the services of an applicant introduced by the Agent in the position offered or in any other position within six months of the date of referral by the Agent to the Client. In this event, the Client shall pay to the Agent the introduction fee (as defined in Clause 3 below) immediately upon receipt of the invoice.
3. The introduction fee payable by the Client is subject to Value Added Tax at the standard rate and is calculated at the percentage rate of the annual starting salary (including anticipated commission and taxable emoluments). The percentage rates are as shown in the Table below (subject to a minimum fee of £500.00).
4. Introductions are confidential. If the Client or any representative or employee of the Client refers the applicant to any other person, firm or corporation within six months of the initial introduction, and that person, firm or corporation engages the applicant on a permanent, temporary/contract, self employed or freelance basis, then the introduction fee as detailed above will become payable by the Client as though the Client themselves had engaged the applicant.
5. The Agent agrees to make every reasonable effort to ensure the suitability of applicants introduced to the Client. The Agent does not obtain or verify references, conduct criminal record background checks, carry out medical examinations or warrant the integrity, capability or qualifications of the applicant and the Client should satisfy himself on all such matters. The Client is advised to obtain a medical examination before engaging an applicant and to establish that the applicant has the necessary licences, authorities and work permits where applicable.
6. Provided Kelly has used all reasonable skill and care in the provision of applicants to the Client’s requirements, notwithstanding any representation or information given to the Client, other than fraudulent representations, the Agent accepts no liability whatsoever on behalf of himself, his servants, or agents for any loss, expense, delay or damage, pecuniary or otherwise, consequential or not that the Client, his servants, agents, customers or others may suffer or become liable for arising from the introduction to or employment of any applicant, except for liability for death or personal injury arising out of the negligence of the Agent or for any matter which it would be illegal for that party to exclude or attempt to exclude its liability. The Client is strongly advised to obtain his own insurance against such matters. No warranties, conditions or representations, express or implied, are given to the Client by the Agent other than those implied by law.
7. If any member of staff of the Agent is employed by the Client within six months of such member leaving the employment of the Agent, then an introduction fee in accordance with the scale shown in the Table above shall be due immediately.
8. These Terms and Conditions of Business may not be varied except by the express permission of a Director of the Agent in writing. Separate fee structures apply for Engineering, Education, Financial and Scientific Divisions.
9. If the Client is late in making payment or does not make full payment to Kelly pursuant to Clause 2, Kelly reserves the right to charge interest on the outstanding amount from the date payment is due pursuant to Clause 2 until payment is received by Kelly. Interest shall be charged at 2% per annum above base rate from time to time of Lloyds TSB Bank plc on a daily basis.
10. Should the applicant, having taken up employment, leave before the completion of the eighth week of employment, the following rebate will be allowed at the discretion of the Agent, provided the invoice is paid within 21 days of invoice date. The percentage rebates are as shown below.
11. Client acknowledges and agrees that Kelly has no responsibility for, or obligations in relation to, candidates proposed by Kelly and recruited by Client for permanent work and hereby indemnifies Kelly in relation to any loss, costs, damage or other liabilities relating to the Client’s employment of such candidates.
Salary fee structure
Up to £19,999 PA*
100% Permanent Placement Guarantee
Kelly Engineering Resources guarantees that in the event of a permanent candidate failing to meet the required job performance criteria laid down at the time of order, we shall rebate within eight weeks of starting date:
Up to 2 weeks
Not Exceeding 4 weeks
Not Exceeding 6 weeks
Not Exceeding 8 weeks
providing invoice paid within 21 days
Apple Market House
17 Union Street
Kingston upon Thames
Surrey KT1 1RR
Tel: 020 8481 1200
Kelly Services is an equal opportunities employer.