Common use of Replacement Candidate Clause in Contracts

Replacement Candidate. In the event that a Candidate accepts an Engagement with the Client in relation to which Engagement the Client has paid a Service Fee, but any of the following circumstances occur (the “Relevant Circumstances”): the Candidate voluntarily (i.e. not by reason of any action or omission by Client) does not commence the Engagement on (or within four weeks of) the agreed commencement date; the Candidate commences the Engagement but voluntarily (i.e. not by reason of any action or omission by Client) terminates the Engagement within the first four weeks of commencing such Engagement (other than by reason of a breach by the Client of the terms of the Engagement contract with the Candidate); or the Client terminates the Engagement of the Candidate within the first four weeks of such Engagement commencing for reasons of gross misconduct on the part of the Candidate (“gross misconduct” being as determined in accordance with guidance set out by ACAS), then the Client should notify the Agency of any such event(s) within seven days of the Relevant Circumstance occurring. If the Client so notifies the Agency, the Agency will use its reasonable endeavours to make six further introductions to the Client (at no further charge to the Client) of potential replacement Candidates (“Potential Replacement Candidates”) which Potential Replacement Candidates conform in all material aspects, in the Agency’s sole opinion (acting reasonably), with the requirements for a Candidate originally provided to the Agency by the Client. If, having been notified by the Client of the occurrence of a Relevant Circumstance as required in Clause 8.1 above, the Agency has not made the additional introductions referred to in that Clause by the date which is four weeks after the notification (the “Refund Date”), the Agency shall (except as otherwise provided in this Clause 8 below) refund the following percentage of the Service Fee actually paid to the Agency by the Client in relation to the Candidate who left (meaning whose Engagement was formally terminated) or failed to commence the relevant Engagement: Client terminates the Engagement before the Candidate starts work or within 1 week of Engagement: 100% refund less £100 admin charge. Candidate did not start the Engagement or terminated the contract within 1-3 weeks of the Engagement starting: 50% refund less £100 admin charge. Candidate terminated the contract after 3 weeks but within 4 weeks of the Engagement starting: 25% refund less £50 admin charge Candidate terminated the contract after 4 weeks of the Engagement: no refund. Notwithstanding the above, no refund will be given in any of the following circumstances: (i) the Client fails to make the notification required under Clause 8.1 above within the time period stipulated; (ii) the termination of the Engagement is due to the breach by the Client of UK employment law or the contract relating to the Engagement; (iii) the Client terminated the Engagement other than by reason of gross misconduct on the part of the Candidate; (iv) the Client makes alternative arrangements for its childcare/housekeeping/estate staff requirements (i.e. meaning that the Client no longer needs a replacement Candidate) prior to the Refund Date, including sourcing a Candidate from another source; (v) the Client confirms to the Agency that it no longer needs the services of a Candidate and/or no longer needs the Agency to make introductions of suitable alternative Candidates; (vi) the Client changes its requirements (for example, but without limitation, in relation to working conditions, job description, pay, holiday entitlement, hours required to be worked and the location of working) for a Candidate from the original specification provided to the Agency after the original Candidate placed with the Client has left; (vii) although the Engagement of the Candidate has ended, the Candidate continues to provide services to the Client other than in connection with the Engagement; (viii) the Agency has complied with its obligation to introduce Potential Replacement Candidates set out in Clause 8.1 above but the Client chooses not to engage any of such Potential Replacement Candidates. If a refund is due, the Agency will refund to the account from which the Service Fee was received or such other account as the parties agree. For the avoidance of doubt, the Agency shall have no further obligation to the Client to source additional replacement Candidates or refund any amount of the Service Fee in the event the Client agrees to engage a Potential Replacement Candidate but that Potential Replacement Candidate fails to commence the engagement or, having so commenced, leaves at any time.