We are M4 Recruitment Limited at Coombe Square, Thatcham, England, RG19 4JF. (throughout “we”, “us”, “our” and “ours”) including, for the purposes of this agreement, our branch offices and our subsidiary or associated companies.

You are _                                                  ____________________________________ (Workseeker) National Insurance Number                                                                                                  _

Introduction: We generally operate as an Agency and Employment Business, as referred to in the Regulations, and we are in the business of providing recruitment services to Clients looking for workers, and work finding services to candidates seeking work. You are seeking work, have provided us with your personal details to be registered on our database of candidates, and have asked us to locate work for you. We are prepared to seek work for you on the basis set out in these terms, and you wish to accept our services.

Terms

Our obligations to you

  1. Whilst your details are registered on our database (a) We may from time to time and at our sole discretion search for work opportunities for you, usually within the Work Types, and if we consider any opportunity may be suitable we may inform you of any terms proposed (b) We may, where appropriate in each case , arrange an interview for you to meet a Client and assist in concluding any negotiations but we offer no guarantee that an opportunity we inform you of will be capable of being progressed.
  2. The personal data that you provide to us will be processed for the necessary performance of this Work Finding Agreement in accordance with the current data protection legislation and any legal obligation which the Company is subject to in its role as your work-finder
  3. Prior to issuing your personal information to a potential hirer or another 3rd Party, we will contact you to obtain your specific consent
  4. If you do not wish us to provide your information to any particular potential hirer it is important that you inform us in writing, providing us with sufficient detail so that we can recognise all of the persons or organisations you wish to exclude, and we cannot accept any liability if we provide your information to any potential hirer other than one you have specifically excluded.
  5. In respect of temporary work we have arrangements with external employment management and payroll services providers (PSP) to whom you may, at our absolute discretion and subject to data protection requirements, be introduced when it is appropriate to do so. We subcontract the work services we supply to our Clients to a PSP which it fulfils using its representatives. Where we locate temporary work which may be suitable for you, we may make arrangements for you to contract with a PSP to become a representative of the PSP for the supply of your services to us, as their client, for the duration of an assignment.
  6. You acknowledge that if you do decide to contract with the PSP, terms relating to any temporary work assignment, including matters such as rates and intervals of pay, entitlement to any annual leave, and any notice periods will be subject to that Agreement.
  7. Regardless of the contents of the contract provided to you by the PSP, M4 Recruitment Limited contract with the PSP on a discretionary basis to ensure  that all temporary workers (excluding self-employed contractors) supplied to us for assignments receive entitlement for up to 28 days leave in each holiday year (accrued weekly and paid at an average of each basic hour worked on assignment) which can be used during the term of any assignment worked on behalf of M4 Recruitment Limited.
  8. The holiday year runs from 1st January to 31st December each year. Accrued entitlement MUST be used within the holiday year, cannot be carried over and cannot be paid in lieu of the leave being taken.
  9. You acknowledge that this agreement between you and us is for work finding services only and you are not our employee nor are you engaged directly by us for any purpose.

Your agreement

In consideration of registration of your details on our database, whilst you are so registered, you agree:

  • To provide us with a full and accurate curriculum vitae if you have not already done so, and, if we request it, proper evidence of your entitlement to work in the United Kingdom and any qualifications or certificates that are referred to in your curriculum vitae or otherwise disclosed by you.
  • To provide us with any information we reasonably request and any information relevant to the decision of a Client to engage you including information that may result in the best interests of a Client being affected in any way, whether relating to your health or ability to perform work efficiently or otherwise (including charges for criminal offences and undischarged criminal convictions), together with details of any periods of sickness you may have taken during the year preceding the date of this agreement and whether such sickness or any matter relating to it may in your proper opinion be likely to reoccur.
  • To our retention and use of all information and documents we obtain, either from you or from any other party relating to you, for the purpose of our statutory obligations and for locating work for you, including the provision of such information and documentation to a Client, and relevant use by the Client, but you may withdraw your consent by notice in writing to us at any time and thereafter we shall only provide such information and documents where required by law.
  • That clause 6(c) shall apply to information received by us both before and after commencement of any engagement or assignment we arrange and you warrant that all information you provide hereunder shall be full and accurate in all material respects.
  • Upon request, to provide us with names of suitable referees that are not Relatives as defined in regulations.
  • At all times to act in good faith towards us, and advise us if you wish your registration on our database to be removed.

General 

It is further agreed that:

  • Whilst we shall at all times act in good faith, we may remove your details from our database at any time
  • We have no obligation to provide you with any information or service other than specifically as set out in this agreement or required by law
  • We do not guarantee that any work will be found and we do not accept any liability if we do not locate any such work for you, nor do we guarantee that any work found will be suitable for you
  • You recognise that a Client may withdraw an opportunity at any time before you have formally agreed to become engaged by such Client, and, whilst we shall endeavour to obtain accurate information from a Client, whether as to a role, nature of the work or otherwise, we accept no liability for information we have passed to you in good faith and cannot guarantee its accuracy
  • You recognise that any temporary work we locate that may be suitable for you is subject to you entering an Agreement with the PSP and we accept no liability if they decide not to engage you for any reason
  • We shall not be liable for any loss or damages if work found for you is not suitable, for any action tort or breach of contract by a Client or PSP, for any failure by us to provide any information or service, save to the extent strictly required by law or arising out of any representation made by a Client or a PSP to you, or by us to you in good faith and deriving from inaccurate or incomplete information provided by a Client or a PSP to us
  • Without prejudice to clause 7(f) our liability in any event, save for monies due for work done, shall be limited to direct loss only and shall not exceed £20,000 save where a limit is precluded by law
  • No provision in this agreement is intended to, nor shall it, affect or prejudice any right you may have under any law relating to discrimination and all the provisions of this agreement are reasonable
  • Each portion of this agreement, defined by punctuation, and paragraphs, is separate, distinct and severable and to give meaning to the intention of you and us the Court may modify any portion of this agreement that may otherwise be void; subject thereto a void portion may be severed, and the remaining provisions, including any such modified hereunder, shall continue in force
  • Clauses intended to have effect following termination shall survive termination
  • This agreement will continue until terminated on one week’s written notice by one party to the other
  • This agreement is the sole agreement between you and us, supersedes any previous agreement relating to our services, and you have not relied on any representation made by us that is not set out in this agreement, and this agreement may not be varied save by agreement of both you and us (whether orally or otherwise) and confirmed in writing by us and signed by our authorised officer
  • We may assign our rights and obligations under this agreement but you may not do so without our prior written consent
  • The Laws of England and Wales govern this agreement and the English Courts have sole jurisdiction.

Definitions and meanings

Client – A client of ours, including any third party with whom we have a relationship of any kind as a client, or potential client, who may be interested in employing you, or does employ you, or who may wish to utilise your services on assignment in any way

Regulations – The Conduct of Employment Agencies and Employment Businesses Regulations 2003

PSP – Employment Management and Payroll Service Provider

PSP Agreement – an agreement between you and the PSP, whether a contract of employment, a contract for services or any other terms of engagement agreed between you and PSP

Work Types – The types of work we shall seek for you are as follows

Agreement

In consideration of the mutual obligations set out in this agreement you accept and agree these terms, which you acknowledge you have fully read and understood. Note: You may confirm your acceptance by signing below, or by confirming your acceptance orally, by email or by fax. Should you request us to seek work for you at any time after you have received these terms, your request shall be deemed to be your acceptance of these terms.