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Nicole Brooke Terms of Business
Nicole Brooke

Employment Agency terms of business.

 

A .pdf copy of these terms is available to download here.
 

Permanent placement of staff (Elevate)
 

The permanent introduction fee is calculated at 25% of the Candidate’s Salary (as defined below). The relevant percentage is the rate which corresponds with the Service selected by the Client (as set out below).
 

The Candidate’s Salary is defines as the total first year gross remuneration together with all commission, bonuses and benefits (including car allowance) before applying any exemptions or deductions for income tax purposes. Where a car or car allowance is provided, the amount of the benefit shall be £5,000 or the actual car allowance, whichever is greater. For the purpose of calculating the permanent introduction fee, (1) the Candidate Salary will be as advised by the Client at the time of candidate offer ; and (2) the Salary (whether advised or actual) shall not be reduced by (i) the earlier termination of the Candidate’s employment or (ii) any reduction in the Candidate’s remuneration, howsoever arising. For part time roles, the 25% calculation shall be applied to the equivalent full time Salary.
 

Placement of fixed term staff (Elevate)
 

If the Client employs a Candidate on a fixed term contract of up to 6 months, the fee shall be 50% of the permanent introduction fee. If the Client employs a Candidate on a fixed term contract of between 6 and 12 months, the fee shall be calculated on a pro rata basis as follows: number of months x permanent introduction fee/12.
 

For the purpose of calculating the permanent introduction fee, the Salary for the equivalent role over a 12 month period shall be used and a 25% calculation shall be applied to such Salary.
 

If the contract duration is extended, or the Client engages the Candidate in any capacity within 12 months of introduction, the Client shall be liable for the balance of the permanent introduction fee.
 

Retained assignments (Ascension)
 

The Client may engage Nicole Brooke on a retained basis to carry out a direct campaign to source Candidates for a specific role. Introduction fees are calculated at 30% of the Candidates salary. Terms, including any retainer fees are agreed separately and are set out in a separate addendum.
 

Guarantee of satisfaction
 

In the event of a Candidate leaving the Client’s employment within 13 weeks after commencement for any reason other than redundancy or material change to the Position, Nicole Brooke offers a replacement introduction free of charge and subject to clause 20 of these terms.
 

1. Definitions and interpretation:
 

“Candidate” means a person or limited company introduced by Nicole Brooke to the Client for the purpose of a Position. If a Candidate is a limited company, any reference to being employed by a Client shall be replaced by being engaged by a Client.

“Client” means the hirer who has requested Nicole Brooke to introduce a Candidate or to whom Nicole Brooke has introduced a Candidate.

“engaging a Candidate in any capacity” means employing, engaging or making use of a Candidate in any role on any basis, including without limitation, on a permanent, fixed term, temporary or self employed basis.

“introduction” means the provision by Nicole Brooke to the Client of any details, whether written or oral, of a Candidate or the Client’s interview of a Candidate, and “introduce” shall be construed accordingly.

“Position” means a permanent or fixed term role within the Client’s organisation, as appropriate.

“Nicole Brooke” means Nicole Brooke Limited

“Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

“Terms” means these Employment Agency Terms of Business and any agreed variations.

2. These Terms take effect from 18 September 2024 and supersede any previous terms of business issued by Nicole Brooke. The Terms contain the entire agreement between the parties, and any terms put forward by the Client are excluded.

3. When introducing a Candidate for permanent or fixed term employment, Nicole Brooke is acting as an employment agency as defined in the Regulations.

4. If, following receipt of these Terms, the Client deals with Nicole Brooke in respect of the introduction of Candidates for any Position, or engages a Candidate in any capacity, the Client is deemed to have accepted these Terms. Where the service option is unclear or none has been selected, the Standard Service Option shall apply.

5. No variation of these Terms is valid or shall be binding on Nicole Brooke unless confirmed in writing by Nicole Brooke to the Client.

6. By engaging a Candidate in any capacity, the Client will be liable for the permanent introduction fee, except where employing a Candidate on a fixed term contract in which case the Client shall be liable for the fixed term contract fee.

7. All invoices are payable within 14 days of receipt. Receipt of invoice shall be deemed to be two days after the date shown on the invoice. VAT is payable at the prevailing rate.

8. Nicole Brooke reserves the right to charge interest and compensation on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

9. In respect of a Position, the Client shall provide Nicole Brooke with the following information:

(1) its full corporate name, address and registered number or, where not applicable, its full business and trading name and address, and the nature of its business;

(2) the nature of the Position, including the type of work involved, the location, the hours of work, the commencement date, and the likely duration;

(3) any risks to health and safety known to the Client and the steps taken by the Client to prevent or control such risks;

(4) the experience, training, qualifications and any authorisations which are required by the Client including any which the Client is aware are required by law or by any professional body in respect of such Position;

(5) any expenses payable by or to the Candidate;

(6) the minimum remuneration, the intervals of payment, and any other benefits in relation to the Position;

(7) the lengths of notice which the Candidate would be entitled to receive or be required to give for termination of employment;

(8) if it intends to engage the Candidate otherwise than as an employee on a contract of services; and

(9) if the Position involves working with vulnerable persons, including without limitation, persons under the age of 18, or persons in need of care or attention by reason of old age, infirmity or any other circumstances.

10. The Client is responsible for satisfying itself that a Candidate is suitable for the Position. It is also the Client’s responsibility to obtain a work permit for the Candidate wherever necessary.

11. Nicole Brooke accepts no liability whatsoever for any loss, damage, costs or expenses howsoever caused which the Client may suffer or incur arising out of or in connection with the introduction to or the engagement by the Client of a Candidate unless such loss, damage, costs or expenses are a direct result of the negligent acts or omissions of Nicole Brooke. For the avoidance of doubt, nothing in this clause shall be deemed to exclude any liability which cannot by law be excluded, including without limitation, liability for death or personal injury and fraudulent misrepresentation.

12. If, after an offer of employment has been accepted by a Candidate, the Client withdraws such offer, it shall be liable for a cancellation fee of 50% of the permanent introduction fee or the fixed term contract fee, as appropriate.

13. If the Client engages a Candidate in any capacity within one year of the Candidate being introduced by Nicole Brooke, or if the Client refers a Candidate to a third party which engages the Candidate in any capacity, the Client will be liable for the permanent introduction fee. If the Salary is not known to Nicole Brooke, the permanent introduction fee shall be £20,000.

14. If, within 12 months of registration of a Position, any employee of Nicole Brooke with whom the Client has dealt during that 12 month period is engaged by the Client in any capacity, the Client will be liable to Nicole Brooke for an introduction fee of £10,000.

15. By asking Nicole Brooke to introduce Candidates for a Position, the Client is authorising Reed to advertise such Position.

16. The Client shall inform Nicole Brooke immediately if it becomes aware of any circumstances which would render the employment of any Candidate detrimental to the interests of the Candidate or the Client.

17. On request, Nicole Brooke will supply to the Client copies of any relevant qualifications or authorisations provided to Nicole Brooke (except where Nicole Brooke is not permitted to obtain, verify or disclose the same or where the Client is required by law or by the rules of any relevant regulatory or professional body to obtain or verify the same) and copies of non-confidential references in Nicole Brooke’s possession where the position involves working with vulnerable persons, including without limitation, persons under the age of 18, or persons in need of care or attention by reason of old age, infirmity or any other circumstances.

18. The Client shall not bring any claim or legal proceedings in respect of any refund, credit note, debt, overpayment (including VAT) or other repayment, howsoever arising, after the expiry of 4 years after the date on which the relevant payment was made.

19. If any provision or part thereof of these Terms is held to be illegal or unenforceable the validity or enforceability of the remainder of the relevant provision and the Terms shall not be affected.

20. The Guarantee of Satisfaction shall not apply (i) where the Client has not paid the permanent introduction fee in accordance with clause 7; or (ii) where the Client has failed to notify Nicole Brooke of the Candidate’s termination of employment in writing within 7 days of such termination; or (iii) to fixed term contract placements, fixed term contract to permanent conversions, or temporary to permanent conversions; or (iv) to the first (and second, if there are 3 instalments) payment instalment of a retained assignment (for the purposes of calculating any rebate, the amount of the final instalment shall be deemed to be the permanent introduction fee); or (v) to engagements under clause 13 which are not notified to Nicole Brooke; or (vi) to engagements under clause 14

21. If within 12 months of the end of the employment, the Client retains or re-engages in any capacity any Candidate to whom the Guarantee applied any rebate paid to the Client shall be repayable to Nicole Brooke on demand.

22. A minimum introduction fee of £3500 shall apply to all permanent placements and fixed term contract placements.

23. Neither party shall disclose any information of the other which is designated confidential or which ought reasonably to be regarded as confidential, except for information which is already in the public domain (otherwise than by breach of this clause) or where disclosure is required by law.

24. Each party shall comply with their own statutory obligations, and shall provide reasonable assistance with the other party’s statutory compliance. In particular, for the purposes of applicable data protection laws (which include the UK GDPR and the Data Protection Act 2018), the Client and Nicole Brooke are each data controllers and each shall comply with their respective obligations under the data protection laws.

25. These Terms of Business shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

 

Nicole Brooke Limited
Company Number 07761973
Registered office address: 40 Kimbolton Road, Bedford MK40 2NR

 

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A .pdf copy of these terms is available to download here.

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Nicole Brooke

Get in touch with the team using the contact details below. Alternatively just fill in the form and we'll be in touch soon!

 

+44 (0) 207 871 1485

hq@nicolebrookeglobal.com

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Nicole Brooke

80-83 Long Lane, London  EC1A 9ET

TELEPHONE: +44 (0) 20 7 871 1485

NICOLE BROOKE LIMITED  
REGISTERED IN ENGLAND NO. 07761973 

© 2024 NICOLE BROOKE GLOBAL

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