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FTAM - Terms of Business
In these terms of business the following definitions app ly:-1.1 FTAM means FT&A Medical Recruitment Ltd whose registered office is at Bradmore Buildings, Bradmore Green, Brookmans Park, AL9 7QR
“the Client” means the person, firm or company to whom the Placement Letter is addressed.
“Employment Agency” means an employment agency as defined in section 13(1) and (2) of the Employment Agencies Act 1973 as amended by the Employment
Relations Act 1999.
“Employment Business” means an employment business as defined in section 13(1) and
(3) of the Employment Agencies Act 1973 as amended by the Employment Relations Act 1999.
“the Placement” means the work to be undertaken by FTAM to supply to the Client the candidate(s) as specified in the Placement Letter.
“the Contract Date” means the date of the Placement Letter.
“the Placement Letter” means the letter from FTAM to the Client setting out the basic terms of the Placement.
“Candidate Requirements Letter” means the document that the Client completes t o comply with the provisions set out in clause 5 b e l o w.
“Temp-to-Perm” means where a candidate supplied by FTAM either transfers or is subsequently taken on directly by the Client
“Temp-to-Temp” means where the candidate is supplied to the Client by an Employment Agency or Employment Business other than FTAM.
“Temp-to-Third Party” means where the Client introduces a Candidate to another person who employs the Candidate directly.
1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3 The headings contained in these terms are for convenience only and do not affect their interpretation.
1.4 All notices to be served under this contract shall be served by first class pre-paid post, facsimile message or by e-mail at the registered office or principal trading
address of the intended recipient. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of
transmission of such notices.
1.5 These terms are governed by English Law and are subject to the exclusive jurisdiction of the English Courts.
2. Formation of the Contract
2.1 Save for any relevant provisions in clause 8, in this agreement with the Client, FTAM is acting as an Employment Business as defined in 1.1 above.
2.2 These terms shall form the basis of the contract for the supply of candidate(s) by FTAM to the Client and any business associated with the Client. Notwithstanding
anything to the contrary in the Client’s standard booking conditions, these terms shall apply except so far as expressly agreed in writing by a director of FTAM. Any
agreed changes of numbers of candidate(s) or rates shall not affect any of the other terms of this contract.
2.3 No servant or agent of FTAM has power to vary these terms orally, or to make representations or promises about the quality of the candidate(s), their fitness to perform
any given task/function or any other matter whatsoever.
2.4 The Client’s acceptance into the Client’s premises of FTAM’s candidate(s) shall constitute acceptance by the Client of these terms.
2.5 FTAM will provide candidate(s) to the Client at the request of any representative of the Client unless otherwise instructed in writing by the Client.
2.6 These general terms shall be subject to such further special conditions as may be prescribed in writing by FTAM or as may appear in the Placement Letter.
2.7 In the event of any conflict, or apparent conflict, between the special conditions and these general terms, the special conditions shall prevail.
2.8 These terms supersede all previous trading terms issued by FTAM.
3. Price and payment
3.1 Rates quoted are exclusive of VAT, which will be added to all invoices at the rate applying at the appropriate tax point.
3.2 Invoices are payable 7 days following the date of invoice.
3.3 FTAM will charge interest at 8% per annum above the base rate from time to time in force of National Westminster Bank Plc on all overdue invoices from the date of
the invoice to the date of payment of the invoice, together with compensation for the costs suffered by FTAM arising from late payment, in accordance with its rights
under the Late Payment of Commercial Debts (Interest) Act 1998.
3.4 All legal costs and expenses incurred by FTAM in seeking to collect overdue invoices from the Client will be payable by the Client on an indemnity basis.
3.5 The Client shall not be entitled to withhold payment of any amount payable under this contract by reason of any dispute or claim by the Client.
3.6 Without prejudice to any other rights of FTAM, if the Client shall fail to make punctual payments of any sum under any contract between FTAM and the Client, FTAM
may, at its option, either withhold the provision of its services until the total indebtedness of the Client to FTAM has been discharged, or cancel this contract.
3.7 If FTAM has bona fide doubts as to the solvency of the Client, or if the Client fails to pay invoices payable under this contract within the contractual credit period, all sums
payable to FTAM by the Client under this contract or otherwise shall become due and payable forthwith without requirement for any notice to be given and FTAM
shall be released from its obligation to continue to provide its services, save on terms acceptable to FTAM.
4. Delivery and quality of the Service
4.1 Bookings are taken in good faith, but the arrival of candidate(s) at the Client’s premises cannot be guaranteed. No liability will be accepted by FTAM for any loss
whatsoever suffered or caused through delays in the provision of candidate(s).
4.2 In the event of a candidate failing to complete a Placement, FTAM will, at its option, either supply a suitable replacement for the outstanding period or refund/credit
a pro- rated share of the engagement fee.
4.3 All warranties or other terms implied by statute or otherwise shall not apply to this contract, including but not limited to those implied by the Supply of Goods and
Services Act 1982 and the Consumer Protection Act 1987.
4.4 FTAM shall not be liable for any consequential or indirect loss suffered by the Client or any third party in relation to this contract and the Client shall indemnify FTAM in
respect of any claim of any person in respect of such consequential or indirect loss.
4.5 The entire liability of FTAM under this contract shall not in any event exceed the contract price of the contract, save in respect of BDEA’s liability for death or personal
injury resulting from negligence.
4.6 FTAM endeavors to ensure the suitability of any candidate introduced to the Client. However, the Client must satisfy itself as to the suitability of any candidate. The
Client must take up any references provided by any candidate before engaging such candidate. The Client shall be responsible for obtaining work and other permits, for t h e
arrangement of medical examinations, for investigations into the medical history of any candidate and for satisfying any medical and other requirements or
qualifications required by law.
5.1 The Client agrees to provide FTAM with sufficient information to enable FTAM to assess the suitability of each candidate for each Placement. In this regard, the Client
agrees to provide the following information:-the identity of the person whom it is proposed will engage the candidate and the nature of that person’s business;
the date on which it is proposed that the Placement should begin, and the duration, or likely duration, of the Placement;
the position to be filled, including the type of work which the candidate will be required to do, the location at which and the hours during which the candidate will be
required to work;
any risks to health or safety relevant to the Placement and a note of the steps that have been taken by the Client to prevent or control such risks; and
the experience, training, qualifications and any authorisations which are necessary (or which are required by law or by any professional body including registration with
the Royal Pharmaceutical Society of Great Britain) for the candidate to possess in order to work in the position, and any expenses payable by or to the candidate.
5.2 The Client agrees to provide the above information in writing in the form of the Candidate Requirements Letter and in good time before the commencement of the
Placement and without delay during the Placement, where appropriate, for example, in the light of a change of circumstances.
5.3 The Client will inform FTAM when certification held by the candidate or new certification arranged by the Client for the candidate is used outside of the original
Placement requirements. In the absence of such notice, the Client will indemnify FTAM for all liabilities incurred by FTAM pursuant to the Conduct of Employment
Agencies and Employment Businesses Regulations 2003 (“the Conduct Regulations”).
5.4 The Client shall be responsible for obtaining work and other permits, for t h e arrangement of any medical examinations and/or investigations into the medical history of
any candidate to satisfy any medical and other requirements or qualifications required by law.
5.5 Subject to confirmation from the Client to FTAM of the information referred to in this clause 5, FTAM shall take reasonably practicable steps to ensure that the
candidate is aware of all applicable requirements for the Placement including any changes to the Placement.
5.6 The Client undertakes not to require a candidate to perform the duties normally performed by a candidate who is taking part in official industrial action.
5.7 FTAM shall make reasonable endeavours to ensure the suitability of the candidate for the Placement. However, the Client must also satisfy itself as to the suitability of
the candidate and shall be responsible for taking up and/or confirming any references, including the confirmation of any professional or academic qualifications or
any authorisation required by law (and with Royal Pharmaceutical Society of Great Britain), provided by the candidate and/or FTAM before engaging a candidate. No
liability will be accepted by FTAM for any loss, expense, damage or delay arising from the unsuitability, incompetence, negligence, dishonesty or misconduct of any
5.8 FTAM shall ensure that the Placement Letter identifies the candidate(s), that the candidate(s) has/have necessary experience and/or qualifications for the Placement
and that the candidate(s) is/are willing to fulfil the Placement.
6.1 FTAM shall not be liable for any failure to provide its services arising from circumstances outside its control, including but not limited to lock-outs, fire, accidents or
adverse weather conditions.
6.2 The failure by a party to enforce in any instance the performance of any provision of this contract shall not be construed as a waiver of that party’s rights to future
performance of such or any other provision.
6.3 No person who is not a party to this contract shall have the right, under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.
6.4 The Client shall comply with the provisions of the Data Protection Act 1998 in relation to the personal data of candidate(s).
6.5 FTAM is committed to equal opportunities for all employees, workers, locums and candidates. FTAM treats everyone equally irrespective of race, colour, ethnic or
national origin, sex, gender reassignment, marital or civil partnership status, sexual orientation, age, religion or belief, disability or membership or non-membership of a
6.6 For the purposes of these standard terms, FTAM Ltd acts as an employment agency in relation to the introduction of candidate(s) to the client for a fee and as an
employment business in relation to the introduction of candidate(s) to the client at a margin.
7. Candidate Prices and Payment
7.1 Rates quoted are basic rates, which are applicable to hours worked by candidate(s) on weekdays between 7.30am and 5.30pm. Any overtime rates will be agreed
separately in writing.
7.2 The Client shall be responsible for the payment of wages, and, if the status of the candidate is not that of a self-employed person, PAYE income tax and National
Insurance contributions payable in respect of candidate(s). Payments should be made immediately on completion of the Placement, or on a weekly basis, where the
Placement exceeds one week.
7.3 Invoices will normally be rendered the week following provision of service.
7.4 A cancellation fee will be due if the Client cancels a confirmed booking within 7 days of the booked date.
8. Indirect Fees
8.1 This clause deals with the fees charged for the hiring of FTAM candidates on an indirect and/or Employment Agency basis including but not limited to Temp-To-Perm,
Temp-To- Temp and Temp-To-Third Party situations.
8.2 Temp-To-Perm. If the Client wishes to hire a candidate on a permanent basis, the Client can either (a) pay FTAM an introduction fee; or (b) extend the Placement (the
“extension period”). If the Client opts to pay FTAM an introduction fee, the fee shall be a sum equal to that which would have been payable by the Client had FTAM
supplied the candidate to the Client for 15 weeks where the candidate is engaged on a weekly rate; or 72 days where the candidate is engaged on a daily rate at the
last rate at which the candidate had been supplied to the Client. If the Client opts to extend the Placement, an introduction fee will not be payable provided that the
extension period is for a further 26 continuous weeks where the candidate is engaged on a weekly rate; or a further 130 continuous days where the candidate is
engaged on a daily rate. The transfer fee or extension period applies from the date when FTAM first becomes aware that the Client wishes to engage the candidate
on a permanent basis. This sub-clause 8.2 will only apply provided that FTAM had supplied the candidate’s work within either 14 weeks of the start of the first
Placement or within 8 weeks of the end of any Placement, whichever period ends later.
8.3 Temp-To-Temp and Temp-To-Third Party. The provisions of sub-clause 8.2 shall apply if the Client or any associated company makes use of the services of the
candidate other than pursuant to this contract or the Client introduces the candidate to any other person including an associated company of the Client (Temp-ToTemp and/or Temp-To-Third Party), subsequent to which the candidate’s services are used by that person (other than pursuant to this contract, or an equivalent
agreement between FTAM and that person) or the services of such candidate are provided to the Client through a third party, in each case after commencement of the
Placement, within the later of the date eight weeks following the termination of the Placement and the date fourteen weeks following the commencement of the
Placement; or where the Placement has not commenced, at any
time between the date of notification of the name of the candidate by FTAM to the Client and the date of the commencement of the Placement.
8.4 The Client undertakes to notify FTAM immediately if the circumstances described in sub- clauses 8.2 and/or 8.3 have arisen.
8.5 In the event that the Pharmacy is sold, it is the responsibility of the Client to inform the purchaser if there are candidates(s) working in the Practice placed by FTAM.
The Client remains responsible for FTAM’s fees if the new owner of the Practice does not pay them.
8.6 If a candidate who has been introduced by FTAM, purchases the Client’s Practice, the Client will be liable to pay an introduction fee of £3,000.00 plus VAT, in
addition to any other fees payable to FTAM.
8.7 The Client undertakes to notify FTAM immediately if it re-engages a candidate within six months following the termination of a Placement. In these circumstances,
FTAM’s scale of fees in force at the time of the re-engagement will apply to the re-engagement.
8.8 If a candidate is re-engaged directly by the Client, i.e. without notifying FTAM, within 14 weeks of the start of any Placement, or within 8 weeks of the end of any
Placement the Client will be liable to pay a fee at the rate which was payable by the Client in respect of the last occasion on which the Client engaged the candidate
via FTAM, plus a 25% increase in the fee in respect of administration and legal costs.
8.9 The Client undertakes to notify FTAM immediately if it intends to increase the number of days worked by the candidate beyond that initially booked via FTAM, whether
engaged on a temporary or permanent basis, within 12 months of the commencement of the Placement or employment.
8.10 If a candidate is engaged or employed for additional days over and above those initially booked via FTAM within 12 months of the commencement of the Placement or
employment, the Client will be liable to pay an increased placement fee in accordance with FTAM’s scale of fees in force at the time of the original engagement or
employment of the candidate by the Client.
8.11 FTAM will inform the candidate if there are any changes to acting on their behalf as an Employment Agency, or Employment Business, or both.
8.12 Invoices for an introduction fee will normally be rendered within 7 days. Invoices for an extended Placement will normally be rendered within 7 days.
9. Client undertakings and warranties
9.1 All temporary candidate(s) provided by FTAM are deemed to be under the exclusive direction and control of the Client throughout the period during which their
services are provided. Accordingly, the Client assumes responsibility for all acts, errors, and omissions of candidate(s), the health and safety of candidate(s) and
compliance with all statutes, including such of the Conduct Regulations as may be applicable to the Client, the Working Time Regulations 1998, by-laws and codes of
practice and all legal requirements to which the Client is ordinarily subject in respect of the Client’s own employees as if the candidate(s) were the employees of the Client.
9.2 The Client undertakes to supervise effectively the candidate(s) supplied to it and, in particular, to conduct a health and safety induction process for all candidate(s)
supplied to the Client.
9.3 The Client warrants that it has a current insurance policy covering all usual insurable risks in relation to the running of its premises, including but not limited to
insurances covering public liability, employer’s liability, accidents at work and claims which may be made against FTAM in relation to the Placement.
9.4 The Client shall indemnify FTAM against all losses, claims and liabilities that may be incurred by FTAM, under statute or common law, or by reason of the failure by
the Client or any associated company of the Client to fulfill all or any of the undertakings or warranties contained in these terms.
9.5 The Client will assist FTAM in complying with FTAM’s duties under the Working Time Regulations 1998 by supplying without delay any relevant information about
the Placement requested by FTAM. The Client will not do anything to cause FTAM to be in breach of its obligations under the Regulations. In particular, where the
Client requires or may require the services of a candidate for more than 48 hours in any one week, the Client must notify FTAM of this requirement before the
commencement of that week.
10.1 Should any candidate prove unsatisfactory, no fee will be charged by FTAM in respect of such candidate, provided that: FTAM is so notified within four hours of
commencement of the Placement; such notification is confirmed in writing, and received by FTAM within 7 days of verbal notification; and the candidate is asked to
leave the Client’s premises within four hours of commencement of the Placement. In the absence of such notifications, the full fee in respect of any such candidate will be
10.2 In the event that the employment of the candidate by the Client comes to an end within the first 4 weeks of commencement of employment a rebate of 50% shall apply,
provided that no rebate will be due if the fee has not been paid in accordance with the payment terms set out in this contract.
10.3 If the Client decides for any reason to cancel a candidate for a locum booking within 7 days of the start time of the Placement, the Client shall remain liable to pay
FTAM the engagement fee. In such circumstances, the Client shall, additionally, be liable to pay to FTAM a sum equal to 50% of the remuneration that would have
been payable to the candidate, less any remuneration actually earned by that candidate in respect of the period covered by the cancelled engagement.
FTAM reserves the right to amend any or all of above terms without prior notice