These terms and conditions should be used by a business providing recruitment services (a Recruiter) to other businesses. It explains what types of roles the Recruiter can help its clients hire for (e.g. permanent, fixed term or temporary roles), how it sources potential candidates and when its fees become payable.
This document has been drafted on the basis that a Recruiter and its client will agree the specific requirements separately (e.g. the type of role, title, fee agreed) – with the option to use the example instruction form included as a schedule or another written confirmation – and the terms and conditions provides the general framework for how the relationship between the Recruiter and its clients works. This also gives both parties the freedom to depart from the general framework by using the "special terms" section of the Schedule if appropriate in the circumstances (e.g. where the client is a multinational organisation which has rigid procurement rules preventing departure from business-wide approaches, those rules may conflict with the timelines or positions specified in the terms and conditions but a Recruiter may be happy to depart from its standard position to win the work).
This document should not be used where the individual being hired provides their services via a limited company. This arrangement falls within specific tax rules (known as Off-Payroll Working Rules) that require businesses of a certain size and turnover to make status determinations. Those notification obligations and corresponding tax penalty risks are not covered by these terms and conditions.
Recruiters should also be aware that whether their business constitutes an employment agency or an employment business will impact what information their terms and conditions must include and what information they must obtain and provide to clients (aka the businesses that are recruiting) and the candidates (aka the individuals seeking employment or work).