TRANSFER FEES. 8.1. The Hirer shall be liable to pay a Transfer Fee if the Hirer engages the Intermediary or any Agency Worker Introduced by the Employment Business other than via the Employment Business, or Introduces the Intermediary or any Agency Worker to a third party and such Introduction results in an Engagement of the Intermediary or any Agency Worker by the third party other than via the Employment Business and: 8.1.1. where the Intermediary or Agency Worker has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period, or within 12 months of the date of the last Assignment; or 8.1.2. where the Intermediary or Agency Worker has not been supplied, such Engagement takes place within 12 months from the date of the Introduction to the Hirer. The Transfer Fee will be calculated in accordance with Schedule 2. 8.2. If the Hirer wishes to Engage the Intermediary other than via the Employment Business, without liability to pay a Transfer Fee the Hirer may, on giving one week’s written notice to the Employment Business, engage the Intermediary for the Period of Extended Hire specified in Schedule 2. 8.3. During such Period of Extended Hire the Employment Business shall supply the Intermediary on the same terms on which it has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; and the Hirer shall continue to pay the Charges set out in clause Error! Reference source not found.. If the Employment Business is unable to supply the Intermediary for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer does not wish to hire the Intermediary on the same terms as the Assignment; but the Intermediary or the Agency Worker is Engaged by the Hirer, the Hirer shall pay the Transfer Fee, reduced pro rata to reflect any Charges paid by the Hirer during any part of the Period of Extended Hire worked by the Intermediary before being Engaged by the Hirer. If the Hirer fails to give notice of its intention to Engage the Intermediary other than via the Employment Business before the Engagement takes place, the parties agree that the Transfer Fee shall be due in full. 8.4. Where prior to the commencement of the Hirer’s Engagement other than via the Employment Business the Employment Business and the Hirer agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 pro-rata. Such reduction is subject to the Hirer Engaging the Intermediary for the agreed fixed term. Should the Hirer extend the Intermediary’s Engagement or re-Engage the Intermediary within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee. 8.5. The Employment Business will not refund the Transfer Fee if the Engagement of the Intermediary other than via the Employment Business by the Hirer or by a third party to which the Hirer introduces the Intermediary or any Agency Worker, subsequently terminates or terminates before the end of the fixed term referred to in clause 8.4. 8.6. VAT is payable at the applicable rate in addition to any Transfer Fee due.
Appears in 2 contracts
Sources: Terms of Business, Terms of Business
TRANSFER FEES. 8.1. The Hirer Client shall be liable to pay a Transfer Fee if the Hirer engages the Intermediary or any Agency Worker Client Engages a Nurse Introduced by the Employment Business other than via the Employment Business, Business or Introduces introduces the Intermediary or any Agency Worker Nurse to a third party and such Introduction introduction results in an Engagement of the Intermediary or any Agency Worker Nurse by the third party other than via the Employment Business and:
8.1.1. where the Intermediary or Agency Worker Nurse has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period, or within 12 months of the date of the last Assignment; or
8.1.2. where Where the Intermediary or Agency Worker Nurse has not been supplied, such Engagement takes place within 12 months from the date of the Introduction to the HirerClient. The Transfer Fee will be calculated in accordance with Schedule 2.
8.2. If the Hirer Client wishes to Engage the Intermediary Nurse other than via the Employment Business, Business without liability to pay a Transfer Fee Fee, the Hirer Client may, on giving one two week’s written notice to the Employment Business, engage the Intermediary Nurse for the Period of Extended Hire specified in Schedule 2.
8.3. During such Period of Extended Hire the Employment Business shall supply the Intermediary Nurse on the same terms on which it s/he has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; and the Hirer Client shall continue to pay the Charges set out in clause Error! Reference source not found.. 6. If the Employment Business is unable to supply the Intermediary Nurse for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer Client does not wish to hire the Intermediary Nurse on the same terms as the Assignment; but the Intermediary or the Agency Worker Nurse is Engaged by the HirerClient, the Hirer Client shall pay the Transfer Fee, reduced pro pro-rata to reflect any Charges paid by the Hirer Client during any part of the Period of Extended Hire worked by the Intermediary Nurse before being Engaged by the HirerClient. If the Hirer Client fails to give notice of its intention to Engage engage the Intermediary Nurse other than via the Employment Business before the such Engagement takes placecommences, the parties agree that the Transfer Fee shall be due in full.
8.4. Where prior to the commencement No refund of the Hirer’s Engagement other than via the Employment Business the Employment Business and the Hirer agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated will be paid in accordance with Schedule 2 pro-rata. Such reduction is subject to the Hirer Engaging the Intermediary for the agreed fixed term. Should the Hirer extend the Intermediary’s Engagement or re-Engage the Intermediary within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee.
8.5. The Employment Business will not refund the Transfer Fee if event that the Engagement of the Intermediary Nurse other than via the Employment Business by the Hirer Client or by a third party to which the Hirer Client introduces the Intermediary or Nurse terminates for any Agency Worker, subsequently terminates or terminates before the end of the fixed term referred to in clause 8.4reason.
8.68.5. VAT is payable at the applicable rate in addition to any Transfer Fee due.
Appears in 1 contract
Sources: Supply of Nursing Services Agreement
TRANSFER FEES. 8.1. The Hirer shall be liable to pay a Transfer Fee if the Hirer engages the Intermediary or any Engages an Agency Worker Introduced by the Employment Business other than via the Employment Business, Business or Introduces introduces the Intermediary or any Agency Worker to a third party and such Introduction introduction results in an Engagement of the Intermediary or any Agency Worker by the third party other than via the Employment Business and:
8.1.1. where the Intermediary or Agency Worker has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period, or within 12 months of the date of the last Assignment; or
8.1.2. where the Intermediary or Agency Worker has not been supplied, such Engagement takes place within 12 months from the date of the Introduction to the Hirer.
8.1.3. However, when asked Active Recruitment always provides the following: 1 week – 7 weeks completed 20% Fee 8 – 13 weeks completed 17.5% 14 – 19 weeks completed 15% 20 – 27 weeks completed 12.5% 28 – 33 weeks completed 10% 34 - 38 weeks completed 5% 39 weeks completed No Fee The Transfer Fee will be calculated in accordance with Schedule 2.
8.2. If the Hirer wishes to Engage the Intermediary Agency Worker other than via the Employment Business, Business without liability to pay a Transfer Fee Fee, the Hirer may, on giving one week’s 2 weeks’ notice written notice to the Employment Business, engage the Intermediary Agency Worker for the Period of Extended Hire specified in Schedule 2.
8.3. During such Period of Extended Hire the Employment Business shall supply the Intermediary Agency Worker on the same terms on which it s/he has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; and the Hirer shall continue to pay the Charges set out in clause Error! Reference source not found.. 6. If the Employment Business is unable to supply the Intermediary Agency Worker for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer does not wish to hire the Intermediary Agency Worker on the same terms as the Assignment; but the Intermediary or the Agency Worker is Engaged by the Hirer, the Hirer shall pay the Transfer Fee, reduced pro pro-rata to reflect any Charges paid by the Hirer during any part of the Period of Extended Hire worked by the Intermediary Agency Worker before being Engaged by the Hirer. If the Hirer fails to give notice of its intention to Engage the Intermediary Agency Worker other than via the Employment Business before the such Engagement takes placecommences, the parties agree that the Transfer Fee shall be due in full.
8.4. Where prior to the commencement of the Hirer’s Engagement other than via the Employment Business the Employment Business and the Hirer agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 pro-rata. Such reduction is subject to the Hirer Engaging the Intermediary Agency Worker for the agreed fixed term. Should the Hirer extend the IntermediaryAgency Worker’s Engagement or re-Engage the Intermediary Agency Worker within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee.
8.5. The Employment Business will not refund the Transfer Fee if in the event that the Engagement of the Intermediary Agency Worker other than via the Employment Business by the Hirer or by a third party to which the Hirer introduces the Intermediary or any Agency Worker, subsequently Worker terminates or terminates before the end of the fixed term referred to in clause 8.4.
8.6. VAT is payable at the applicable rate in addition to any Transfer Fee due.
Appears in 1 contract
Sources: Employment Agreement
TRANSFER FEES. 8.19.1. The Hirer shall be liable to pay a Transfer Fee if the Hirer engages the Intermediary or any Engages an Agency Worker Introduced by Buzzhire or where the Employment Business other than via Hirer introduces the Employment Business, or Introduces the Intermediary or any Agency Worker to a third party and such Introduction introduction results in an Engagement of the Intermediary or any Agency Worker by the third party other than via the Employment Business Buzzhire and:
8.1.19.1.1. where the Intermediary or Agency Worker has been supplied by the Employment BusinessBuzzhire, such Engagement takes place during the Assignment or within the Relevant Period, or within 12 months of the date of the last Assignment; or
8.1.29.1.2. where the Intermediary or Agency Worker has not been supplied, such Engagement takes place within 12 6 months from the date of the Introduction introduction to the Hirer.
9.2. The Transfer Fee fee will be calculated in accordance with Schedule 2£2000.
8.29.3. If the Hirer wishes to Engage engage the Intermediary Agency Worker other than via the Employment Business, Buzzhire without liability to pay a Transfer Fee Fee, the Hirer may, on giving one week’s written notice to the Employment BusinessBuzzhire, engage the Intermediary Agency Worker for the Period of Extended Hire specified in Schedule 2which shall be 130 Working Days.
8.39.4. During such Period of Extended Hire the Employment Business hire Buzzhire shall supply the Intermediary Agency Worker on the same terms on which it s/he has or would have been supplied during the Assignment and in any case on terms no less favourable favorable than those terms which applied immediately before the Employment Business Buzzhire received the notice in clause 8.28.3; and the Hirer shall continue to pay the Charges set out in clause Error! Reference source not found.. 6. If the Employment Business is unable to supply the Intermediary Agency Worker for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer does not wish to hire the Intermediary Agency Worker on the same terms as the Assignment; but the Intermediary or the Agency Worker is Engaged by the Hirer▇▇▇▇▇, the Hirer shall pay the Transfer Fee, reduced pro pro-rata to reflect any Charges paid by the Hirer during any part of the Period of Extended Hire worked by the Intermediary Agency Worker before being Engaged by the Hirer. If the Hirer fails to give notice of its intention to Engage the Intermediary Agency Worker other than via the Employment Business Buzzhire before the such Engagement takes placecommences, the parties agree that the Transfer Fee shall be due in full.
8.49.5. Where prior to the commencement of the Hirer’s Engagement other than via the Employment Business Buzzhire the Employment Business and the Hirer agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business Buzzhire may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 pro-rata. Such reduction is subject to the Hirer Engaging the Intermediary Agency Worker for the agreed fixed term. Should the Hirer extend the IntermediaryAgency Worker’s Engagement or re-re- Engage the Intermediary Agency Worker within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee.
8.59.6. The Employment Business will not No refund of the Transfer Fee if will be paid in the event that the Engagement of the Intermediary Agency Worker other than via the Employment Business Buzzhire by the Hirer or by a third party to which the Hirer introduces the Intermediary or any Agency Worker, subsequently Worker terminates or terminates before the end of the fixed term referred to in clause 8.48.5.
8.69.7. VAT is payable at the applicable rate in addition to any Transfer Fee due.
Appears in 1 contract
Sources: Terms of Business for the Supply of Agency Workers and Hirer User Agreement
TRANSFER FEES. 8.17.1. The Hirer Client shall be liable to pay a Transfer Fee if the Hirer engages Client Engages the Intermediary or any Agency Worker Locum Doctor Introduced by the Employment Business other than via the Employment Business, or Introduces introduces the Intermediary or any Agency Worker Locum Doctor to a third party and such Introduction introduction results in an Engagement of the Intermediary or any Agency Worker Locum Doctor by the third party other than via the Employment Business and:
8.1.17.1.1. where the Intermediary or Agency Worker Locum Doctor has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period, or within 12 months of the date of the last Assignment; or
8.1.27.1.2. where Where the Intermediary or Agency Worker Locum Doctor has not been supplied, such Engagement takes place within 12 6 months from the date of the Introduction to the HirerClient. The Transfer Fee will be calculated in accordance with Schedule 21.
8.27.2. If the Hirer Client wishes to Engage engage the Intermediary Locum Doctor other than via the Employment Business, without liability to pay a Transfer Fee the Hirer Client may, on giving one week’s written notice to the Employment Business, engage the Intermediary Locum Doctor for the Period of Extended Hire specified in Schedule 21.
8.37.3. During such Period of Extended Hire the Employment Business shall supply the Intermediary Locum Doctor on the same terms on which it has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; 7.2 and the Hirer Client shall continue to pay the Charges set out in clause Error! Reference source not found.. Charges. If the Employment Business is unable to supply the Intermediary Locum Doctor for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer Client does not wish to hire the Intermediary Locum Doctor on the same terms as the Assignment; , but the Intermediary or the Agency Worker Locum Doctor is Engaged by the HirerClient, the Hirer Client shall pay the Transfer Fee, reduced pro pro-rata to reflect any Charges paid by the Hirer Client during any part of the Period of Extended Hire worked by the Intermediary Locum Doctor before being Engaged by the HirerClient. If the Hirer Client fails to give notice of its intention to Engage engage the Intermediary Locum Doctor other than via the Employment Business before the Engagement takes place, the parties agree that the Transfer Fee shall be due in full.
8.47.4. Where prior to the commencement of the Hirer’s Client's Engagement other than via the Employment Business Business, the Employment Business and the Hirer Client agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 1 pro-rata. Such reduction is subject to the Hirer Client Engaging the Intermediary Locum Doctor for the agreed fixed term. Should the Hirer Client extend the IntermediaryLocum Doctor’s Engagement or re-Engage the Intermediary Locum Doctor within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee.
8.57.5. The Employment Business will not No refund of the Transfer Fee if will be paid in the event that the Engagement of the Intermediary Locum Doctor other than via the Employment Business by the Hirer Client or by a third party party, to which the Hirer Client introduces the Intermediary or any Agency WorkerLocum Doctor, subsequently terminates or terminates before the end of the fixed term referred to in clause 8.47.4.
8.67.6. VAT is payable at the applicable rate in addition to any Transfer Fee transfer or cancellation fee due.
Appears in 1 contract
Sources: Contract of Services
TRANSFER FEES. 8.1. The Hirer shall be liable to pay a Transfer Fee if the Hirer engages the Intermediary or any Engages an Agency Worker Introduced by the Employment Business other than via the Employment Business, or Introduces the Intermediary or any Agency Worker to a third party and such Introduction results in an Engagement of the Intermediary or any Agency Worker by the third party other than via the Employment Business and:
8.1.1. where the Intermediary or Agency Worker has been supplied by the Employment Business, Business and such Engagement takes place during the Assignment or within the Relevant Period, or within 12 months of the date of the last Assignment; or
8.1.2. where the Intermediary or Agency Worker has not been supplied, is Engaged and such Engagement takes place within 12 6 months from the date of that the Introduction to Agency worker was last engaged by the HirerHirer or the Council. The Transfer Fee will be calculated in accordance with Schedule 2.
8.2. If the Hirer wishes to Engage the Intermediary Agency Worker other than via the Employment Business, Business without liability to pay a Transfer Fee Fee, the Hirer may, on giving one week’s 1 months, written notice to the Employment Business, engage the Intermediary Agency Worker for the Period of Extended Hire specified in Schedule 2.
8.3. During such Period of Extended Hire the Employment Business shall supply the Intermediary Agency Worker on the same terms on which it s/he has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; and the Hirer shall continue to pay the Charges set out in clause Error! Reference source not found.. 6. If the Employment Business is unable to supply the Intermediary Agency Worker for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer does not wish to hire the Intermediary Agency Worker on the same terms as the Assignment; but the Intermediary or the Agency Worker is Engaged by the Hirer, the Hirer shall pay the Transfer Fee, reduced pro pro-rata to reflect any Charges paid by the Hirer during any part of the Period of Extended Hire worked by the Intermediary Agency Worker before being Engaged by the Hirer. If the Hirer fails to give notice of its intention to Engage the Intermediary Agency Worker other than via the Employment Business before the such Engagement takes placecommences, the parties agree that the Transfer Fee shall be due in full.
8.4. Where prior to the commencement of the Hirer’s 's Engagement other than via the Employment Business the Employment Business and the Hirer agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 pro-rata. Such reduction is subject to the Hirer Engaging the Intermediary Agency Worker for the agreed fixed term. Should the Hirer extend the Intermediary’s Agency Worker's Engagement or re-Engage the Intermediary Agency Worker within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee.
8.5. The Employment Business will not refund the Transfer Fee if in the event that the Engagement of the Intermediary Agency Worker other than via the Employment Business by the Hirer or by a third party to which the Hirer introduces the Intermediary or any Agency Worker, subsequently Worker terminates or terminates before the end of the fixed term referred to in clause 8.4.
8.6. VAT is payable at the applicable rate in addition to any Transfer Fee due.
Appears in 1 contract
Sources: Employment Agreement
TRANSFER FEES. 8.1. The Hirer Client shall be liable to pay a Transfer Fee if it Engages the Hirer engages the Intermediary Consultancy or any Agency Worker Consultancy Staff Introduced by the Employment Business other than via the Employment Business, or Introduces the Intermediary Consultancy or any Agency Worker Consultancy Staff to a third party and such Introduction results in an Engagement of the Intermediary Consultancy or any Agency Worker Consultancy Staff by the third party other than via the Employment Business and:
8.1.1. where the Intermediary or Agency Worker Consultancy has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period, or within 12 months of the date of the last Assignmentintroduction; or
8.1.2. where the Intermediary or Agency Worker Consultancy has not been supplied, such Engagement takes place within 12 months from the date of the Introduction to the HirerClient. The Transfer Fee will be calculated in accordance with Schedule 21.
8.2. If the Hirer Client wishes to Engage the Intermediary Consultancy other than via the Employment Business, without liability to pay a Transfer Fee the Hirer Client may, on giving one week’s written notice to the Employment Business, engage the Intermediary Consultancy for the Period of Extended Hire specified in Schedule 21.
8.3. During such Period of Extended Hire the Employment Business shall supply the Intermediary Consultancy on the same terms on which it has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; 8.2 and the Hirer Client shall continue to pay the Charges set out in clause Error! Reference source not found.. Charges. If the Employment Business is unable to supply the Intermediary Consultancy for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer Client does not wish to hire the Intermediary Consultancy on the same terms as the Assignment; , but the Intermediary or the Agency Worker Consultancy is Engaged by the HirerClient, the Hirer Client shall pay the Transfer Fee, reduced pro pro-rata to reflect any Charges paid by the Hirer Client during any part of the Period of Extended Hire worked by the Intermediary Consultancy before being Engaged by the HirerClient. If the Hirer Client fails to give notice of its intention to Engage the Intermediary Consultancy other than via the Employment Business before the Engagement takes place, the parties agree that the Transfer Fee shall be due in full.
8.4. Where prior to the commencement of the HirerClient’s Engagement other than via the Employment Business Business, the Employment Business and the Hirer Client agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 1 pro-rata. Such reduction is subject to the Hirer Client Engaging the Intermediary Consultancy for the agreed fixed term. Should the Hirer Client extend the IntermediaryConsultancy’s Engagement or re-Engage the Intermediary Consultancy within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee.
8.5. The Employment Business will not refund the Transfer Fee if the Engagement of the Intermediary Consultancy other than via the Employment Business by the Hirer Client or by a third party to which the Hirer Client introduces the Intermediary Consultancy or any Agency WorkerConsultancy Staff, subsequently terminates or terminates before the end of the fixed term referred to in clause 8.4.
8.6. VAT is payable at the applicable rate in addition to any Transfer Fee due.
Appears in 1 contract
Sources: Terms of Business
TRANSFER FEES. 8.1. The Hirer shall be liable to pay a Transfer Fee if the Hirer engages the Intermediary or any Engages an Agency Worker Introduced by the Employment Business other than via the Employment Business, Business or Introduces introduces the Intermediary or any Agency Worker to a third party and such Introduction introduction results in an Engagement of the Intermediary or any Agency Worker by the third party other than via the Employment Business and:
8.1.1. where the Intermediary or Agency Worker has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period, or within 12 months of the date of the last Assignment; or
8.1.2. where the Intermediary or Agency Worker has not been supplied, such Engagement takes place within 12 6 months from the date of the Introduction to the Hirer. The Transfer Fee will be calculated in accordance with Schedule 2.
8.2. If the Hirer wishes to Engage the Intermediary Agency Worker other than via the Employment Business, Business without liability to pay a Transfer Fee Fee, the Hirer may, on giving one week’s written notice to the Employment Business, engage the Intermediary Agency Worker for the Period of Extended Hire specified in Schedule 2.
8.3. During such Period of Extended Hire the Employment Business shall supply the Intermediary Agency Worker on the same terms on which it s/he has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; and the Hirer shall continue to pay the Charges set out in clause Error! Reference source not found.. 6. If the Employment Business is unable to supply the Intermediary Agency Worker for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer does not wish to hire the Intermediary Agency Worker on the same terms as the Assignment; but the Intermediary or the Agency Worker is Engaged by the Hirer, the Hirer shall pay the Transfer Fee, reduced pro pro-rata to reflect any Charges paid by the Hirer during any part of the Period of Extended Hire worked by the Intermediary Agency Worker before being Engaged by the Hirer. If the Hirer fails to give notice of its intention to Engage the Intermediary Agency Worker other than via the Employment Business before the such Engagement takes placecommences, the parties agree that the Transfer Fee shall be due in full.
8.4. Where prior to the commencement of the Hirer’s Engagement other than via the Employment Business the Employment Business and the Hirer agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 pro-rata. Such reduction is subject to the Hirer Engaging the Intermediary Agency Worker for the agreed fixed term. Should the Hirer extend the IntermediaryAgency Worker’s Engagement or re-Engage the Intermediary Agency Worker within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee.
8.5. The Employment Business will not refund the Transfer Fee if in the event that the Engagement of the Intermediary Agency Worker other than via the Employment Business by the Hirer or by a third party to which the Hirer introduces the Intermediary or any Agency Worker, subsequently Worker terminates or terminates before the end of the fixed term referred to in clause 8.4.
8.6. VAT is payable at the applicable rate in addition to any Transfer Fee due.
Appears in 1 contract
Sources: Employment Agreement
TRANSFER FEES. 8.1. The Hirer shall be liable to pay a Transfer Fee if the Hirer engages the Intermediary or any Engages an Agency Worker Introduced by the Employment Business other than via the Employment Business, Business or Introduces introduces the Intermediary or any Agency Worker to a third party and such Introduction introduction results in an Engagement of the Intermediary or any Agency Worker by the third party other than via the Employment Business and:
8.1.1. where the Intermediary or Agency Worker has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period, or within 12 months of the date of the last Assignment; or
8.1.2. where the Intermediary or Agency Worker has not been supplied, such Engagement takes place within 12 six (6) months from the date of the Introduction to the Hirer. The Transfer Fee will be calculated in accordance with Schedule 2.
8.2. If the Hirer wishes to Engage the Intermediary Agency Worker other than via the Employment Business, Business without liability to pay a Transfer Fee Fee, the Hirer may, on giving one week’s written notice to the Employment Business, engage the Intermediary Agency Worker for the Period of Extended Hire specified in Schedule 2.
8.3. During such Period of Extended Hire the Employment Business shall supply the Intermediary Agency Worker on the same terms on which it she/he has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; and the Hirer shall continue to pay the Charges set out in clause Error! Reference source not found.. 6. If the Employment Business is unable to supply the Intermediary Agency Worker for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer does not wish to hire the Intermediary Agency Worker on the same terms as the Assignment; but the Intermediary or the Agency Worker is Engaged by the Hirer, the Hirer shall pay the Transfer Fee, reduced pro pro-rata to reflect any Charges paid by the Hirer during any part of the Period of Extended Hire worked by the Intermediary Agency Worker before being Engaged by the Hirer. If the Hirer fails to give notice of its intention to Engage the Intermediary Agency Worker other than via the Employment Business before the such Engagement takes placecommences, the parties agree that the Transfer Fee shall be due in full.
8.4. Where prior to the commencement of the Hirer’s 's Engagement other than via the Employment Business the Employment Business and the Hirer agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 pro-rata. Such reduction is subject to the Hirer Engaging the Intermediary Agency Worker for the agreed fixed term. Should the Hirer extend the IntermediaryAgency Worker’s Engagement or re-Engage the Intermediary Agency Worker within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee.
8.5. The Employment Business will not No refund of the Transfer Fee if will be paid in the event that the Engagement of the Intermediary Agency Worker other than via the Employment Business by the Hirer or by a third party to which the Hirer introduces the Intermediary or any Agency Worker, subsequently Worker terminates or terminates before the end of the fixed term referred to in clause 8.4.
8.6. VAT is payable at the applicable rate in addition to any Transfer Fee due.
Appears in 1 contract
TRANSFER FEES. 8.1. The Hirer shall be liable to pay a Transfer Fee if the Hirer engages the Intermediary or any Engages an Agency Worker Introduced by the Employment Business other than via the Employment Business, Business or Introduces introduces the Intermediary or any Agency Worker to a third party and such Introduction introduction results in an Engagement of the Intermediary or any Agency Worker by the third party other than via the Employment Business and:
8.1.1. where the Intermediary or Agency Worker has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period, or within 12 months of the date of the last Assignmentintroduction; or
8.1.2. where the Intermediary or Agency Worker has not been supplied, such Engagement takes place within 12 months from the date of the Introduction to the Hirer. The Transfer Fee will be calculated in accordance with Schedule 2.
8.2. If the Hirer wishes to Engage the Intermediary Agency Worker other than via the Employment Business, Business without liability to pay a Transfer Fee Fee, the Hirer may, on giving one week’s written notice to the Employment Business, engage the Intermediary Agency Worker for the Period of Extended Hire specified in Schedule 2.
8.3. During such Period of Extended Hire the Employment Business shall supply the Intermediary Agency Worker on the same terms on which it s/he has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; and the Hirer shall continue to pay the Charges set out in clause Error! Reference source not found.. 6. If the Employment Business is unable to supply the Intermediary Agency Worker for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer does not wish to hire the Intermediary Agency Worker on the same terms as the Assignment; but the Intermediary or the Agency Worker is Engaged by the Hirer, the Hirer shall pay the Transfer Fee, reduced pro pro-rata to reflect any Charges paid by the Hirer during any part of the Period of Extended Hire worked by the Intermediary Agency Worker before being Engaged by the Hirer. If the Hirer fails to give notice of its intention to Engage the Intermediary Agency Worker other than via the Employment Business before the such Engagement takes placecommences, the parties agree that the Transfer Fee shall be due in full.
8.4. Where prior to the commencement of the Hirer’s Engagement other than via the Employment Business the Employment Business and the Hirer agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 pro-rata. Such reduction is subject to the Hirer Engaging the Intermediary Agency Worker for the agreed fixed term. Should the Hirer extend the IntermediaryAgency Worker’s Engagement or re-re- Engage the Intermediary Agency Worker within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee.
8.5. The Employment Business will not refund the Transfer Fee if in the event that the Engagement of the Intermediary Agency Worker other than via the Employment Business by the Hirer or by a third party to which the Hirer introduces the Intermediary or any Agency Worker, subsequently Worker terminates or terminates before the end of the fixed term referred to in clause 8.4.
8.6. VAT is payable at the applicable rate in addition to any Transfer Fee due.
Appears in 1 contract
Sources: Terms of Business for Agency Workers
TRANSFER FEES. 8.1. The Hirer shall be liable to pay a Transfer Fee if the Hirer engages Engages the Intermediary or any Agency Worker Introduced by the Employment Business other than via the Employment Business, or Introduces the Intermediary or any Agency Worker to a third party and such Introduction results in an Engagement of the Intermediary or any Agency Worker by the third party other than via the Employment Business and:
8.1.1. where the Intermediary or Agency Worker has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period, or within 12 months of the date of the last Assignmentintroduction; or
8.1.2. where the Intermediary or Agency Worker has not been supplied, such Engagement takes place within 12 months from the date of the Introduction to the Hirer. The Transfer Fee will be calculated in accordance with Schedule 2.
8.2. If the Hirer wishes to Engage the Intermediary other than via the Employment Business, without liability to pay a Transfer Fee the Hirer may, on giving one week’s written notice to the Employment Business, engage the Intermediary for the Period of Extended Hire specified in Schedule 2.
8.3. During such Period of Extended Hire the Employment Business shall supply the Intermediary on the same terms on which it has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; and the Hirer shall continue to pay the Charges set out in clause Error! Reference source not found.. 6. If the Employment Business is unable to supply the Intermediary for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer does not wish to hire the Intermediary on the same terms as the Assignment; but the Intermediary or the Agency Worker is Engaged by the Hirer, the Hirer shall pay the Transfer Fee, reduced pro rata to reflect any Charges paid by the Hirer during any part of the Period of Extended Hire worked by the Intermediary before being Engaged by the Hirer. If the Hirer fails to give notice of its intention to Engage the Intermediary other than via the Employment Business before the Engagement takes place, the parties agree that the Transfer Fee shall be due in full.
8.4. Where prior to the commencement of the Hirer’s Engagement other than via the Employment Business the Employment Business and the Hirer agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 pro-rata. Such reduction is subject to the Hirer Engaging the Intermediary for the agreed fixed term. Should the Hirer extend the Intermediary’s Engagement or re-Engage the Intermediary within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee.
8.5. The Employment Business will not refund the Transfer Fee if the Engagement of the Intermediary other than via the Employment Business by the Hirer or by a third party to which the Hirer introduces the Intermediary or any Agency Worker, subsequently terminates or terminates before the end of the fixed term referred to in clause 8.4.
8.6. VAT is payable at the applicable rate in addition to any Transfer Fee due.
Appears in 1 contract
Sources: Terms of Business