Oliver Peters Recruitment – Candidate Terms & Conditions
CANDIDATE TERMS OF REGISTRATION WITH OLIVERPETERS LIMITED.
Welcome. We will endeavour to help you find a suitable permanent position and we will be acting on your behalf as an Employment Agency.
When you register with us with a view to seeking employment, you are registering with OLIVERPETERS LIMITED (OPS) (as your agents) and the following provisions apply:
On registration we will require you to send over a copy of your photo identification the right to work in the UK and proof of address, This can either be in the form of a driving licence or passport and a utility invoice.
If you have registered for temporary/contract work, welcome to Oliver Peters (an employment business). We will endeavour to help you find a suitable contract/temporary position, we will be acting on your behalf as an employment business.
These locum assignments can be arranged on your own Limited Company basis. Alternatively, you may be paid on a PAYE basis, through an umbrella company used by Oliver Peters or an umbrella company of your choice. For fixed term contracts there may also be an option to be paid directly by the firm for whom you are working.
If you engage in temporary work, you will be engaged under a contract for services.
Please ensure that we have your email address, mobile or daytime telephone numbers as assignments often come up at the very last minute.
We also need confirmation of your professional qualifications where applicable. Please forward to us copies of current certificates and any references you have.
When contacting candidates at work we always exercise extreme discretion.
Please ensure that all vital information, such as date of qualification, appears on your CV and that you tell us what type of position you are looking for, notice period, salary indications and interview availability. If these details have been omitted please resend your CV with the details added.
Please note that by registering with Oliver Peters Limited you are entering into a formal agency agreement, whereby we seek to find you a contract or permanent employment with one of our clients in consideration of which (on the occurrence of a placement) we will receive a fee/commission from the client.
All information supplied to you by Oliver Peters regarding vacancies or assignments is classed as highly confidential information and when we inform you of the identity of a firm (or such information as enables you to identify the firm) with a current vacancy or assignment, you agree not to approach such firm except through Oliver Peters.
Please inform us immediately if you wish to instruct us to refrain in making any further applications on your behalf, however we are unable to take your instruction to de-instruct us after we have taken orally or written confirmation, to make an introduction on your behalf.
Many of our vacancies and locum assignments are updated daily on our Web site and we will endeavour to market your details in the best possible, professional manner to our clients and to 3rd party clients associated with OP. If you feel this is not necessary please email us or write to the address on our website.
Oliver Peters conducts its business in accordance with The Conduct of Employment Agencies and Employment Businesses Regulations.
- The following terms and expressions have the meanings stated:
"Anonymise" means to remove the Candidate's full names, gender, address, date of birth, email, mobile telephone number and any other information we, in our discretion, consider capable of identifying you (and is used primarily in connection with Online Recruitment, but may also be used in Traditional Recruitment where either you or a prospective Employer wish initial communications to be carried out discreetly and on a confidential basis).
"Application" means the initial submission by you of Information and Documents we require and request of you for your Registration with us.
"CV" means your record of work history, professional qualifications and experience from time to time - usually contained in one document.
"Documents" includes such identifying documents as your passport and driving licence.
"Employer" means any law firm or other entity with a staff vacancy to fill and with whom we have arrangements either for the provision of Traditional Recruitment or Online Recruitment on such terms as we may agree from time to time.
"Information" includes information belonging to you such as your full names, address, date of birth, CV, work history, Law Society registration details and referees and such other information as we may require, which is relevant to your objective of finding Work through us, and which we collect, handle and store on your behalf. Where we apply to your referees to obtain references, you authorise us to and we agree to disclose the minimum information necessary to obtain the references.
"OP" means Oliver Peters Limited (together variously "we", "us", "our", "OP") all of Carisbrooke Court, Buckingway Business Park, Anderson Road, Cambridge CB24 4UQ
"OP Web Site" means the Web site at www.oliverpeters.co.uk
"Online Recruitment" means the service provided by OP of using reasonable endeavours to assist you in finding Work by anonymising and adding your CV to the OP database and continuing to make the said database available to all those Employers in England and Wales who subscribe to OP from time to time and who are entitled to view your Anonymised CV on the OP Web Site and to contact you using the forms found on the OP Web Site (without revealing your name, email or mobile telephone number) direct from the OP Web Site.
"Registration" is the process by which we assess your Application, decide if we will accept it and, if in the affirmative, notify you by sending to you a letter and/or an email at which time an Agreement comes into effect on the Terms (and for the avoidance of doubt, the receipt of your Application in no way obliges us to accept your Application and we are entitled to decline it and either to explain our decision to you or, in our discretion, to give no reason for our decision), and "Register" shall be construed accordingly.
"Sensitive Data" means sensitive data as defined in the GDPR.
"Terms" means these terms and conditions which regulate our respective rights and duties set out in them and any arising after the date of Registration.
"Traditional Recruitment" means the service provided by OP of using reasonable endeavours to assist you in finding Work by sending and supplying Information to law firms and similar possible employers in England and Wales with your permission and where the possible vacancies available have been notified to and discussed and explored in advance with you.
"Verify" means the taking of such steps (including, by way of example only, enquiring of the Immigration records department) as OP may in their discretion take to satisfy themselves of the accuracy and authenticity of the Information and without which satisfaction OP and OP are not bound to accept your Application to provide you with Traditional Recruitment and Online Recruitment.
"Work" means permanent or temporary employment, or self-employed locum positions, or partnership or ownership or other commercial arrangements.
“Contract / Locum . temporary” all relate to temporary work. Your obligations
- You agree:
- for that purpose to send accurate and true Information to us by email at firstname.lastname@example.org and at all times to keep the Information up to date and to provide on demand any additional information and/or Documents that OP require to enable them to Verify the Information, and;
- to Register with OP for the purposes of finding Work through them from time to time by both Traditional Recruitment and Online Recruitment respectively, and
- that we may disclose your Information to prospective Employers in connection with the provision of Traditional Recruitment and Online Recruitment and on these Terms;
- you warrant on a continuing basis that the Information is true and accurate and that you will keep us free from harm, loss, damage or claims in connection with the provision of Information on your behalf which, in fact, is not true and accurate, and to indemnify us should we suffer any claim, loss, injury or damage in consequence of such untruth or inaccuracy, and;
- You also indemnify OP that if you are engaged by an employer that you are introduced to, you will notify OP. Failure to notify us of the engagement will be a breach of this contract.
- All information supplied to you by Oliver Peters Limited, regarding vacancies or assignments is classed as highly confidential information and when we inform you of the identity of a firm (or such information as enables you to identify the firm) with a current vacancy or assignment, you agree not to approach such firm except through OP. Should you do this, you will be in breach of contract.
- OP agrees to record your Information and to provide you with Traditional Recruitment for so long as you the Candidate requires
- OP agrees to record and Anonymise your Information and to provide you with Online Recruitment indefinitely and unless and until you notify us to the contrary in accordance with subclause 4.4 below.
- OP agrees to seek the Type of Work that you request, be it contract or permanent. You will inform us on registration what type of work you are interested in.
- OP agrees to obtain at least the minimum wage for any contract, temporary work or permanent role. For avoidance of doubt the wage will be no less than age appropriate National Minimum Wage
- OP agrees that whether or not the Hirer pays the employment Business, the Work-seeker will be paid for all work undertaken.
- You and we agree with each other and confirm that:
Under no circumstances will you be charged any fee or be required to make any payment to us in connection with registering with OP you acknowledge that in certain circumstances we will be raising a charge against the Employer in accordance with our contractual arrangements and terms of business agreed by OP and the Employer. However, if you were to breach the clause as stated above you would be in breach of confidentiality. OP may seek an introduction fee from you.
- At any time, you may give us specific instructions concerning your specific requirements and instructions, and such instructions are effective only from the time they are received by us in writing.
- Notwithstanding these Terms, you are entitled to find Work through any other means at your disposal - and you acknowledge that if, in the course of performing our obligations to you under this Agreement, you find Work through OP then we will receive payment from the Employer in accordance with our arrangement(s) with them.
- You are entitled to give us notice to end this Agreement and to ask us to cease providing Traditional Recruitment and/or Online Recruitment at any time and that you will confirm such notice in writing or by email.
- You are entitled to deactivate and reactivate your Online Recruitment registration from time to time in your discretion and this can be done by telephoning the office or emailing the office at email@example.com. At any time, you are entitled to ask us to delete your information permanently from our records.*
- We may use your Information to keep you informed of specific and selected services we offer or develop and where we feel these may be of benefit to you
- We do not actively seek Sensitive Data from you but where such information comes into our possession or control (by way of example only, where you work as a locum and notify us of your absence from work owing to sickness preventing you from attending work) you authorise us to record, handle and store it, along with the Information. We will deal with any sensitive data in accordance with the Data Protection Act 2018. The information provided by you will be used for the provision of a work-finding service, the purposes of legal proceedings where appropriate and for checking, where necessary, that you are a member of a professional body. From time to time this information may be used for another purpose, including passing to a third party who may provide goods or services for which a fee may be charged. By completing our registration process, you agree for the information to be passed.
- When engaged as a locum, we may be sharing your details with an Umbrella company for the purpose of paying you. By completing our registration process, you agree for the information to be passed.
- Where you work as a locum through us and where you provide us with information as to e.g. sickness we will relay that information to the Employer as necessary
- Where contract and temporary workers are engaged, the work seeker shall be paid weekly on a Friday.
Where a contractor is engaged through their own Limited company, on agreement that they qualify to work this way, no holiday pay will be due.
- When working as a temporary worker, if you are engaged through your own Limited Company, you will be working under a Contract For Services, which you will be given to sign and return to us at Oliver Peters. When working under PAYE, you will be employed under a Contract of Services with an Umbrella Company. You will be given this contract on engagement with them once you have secured a position.
- To enquire about accessing the Information we are holding about you from time to time, please email firstname.lastname@example.org, or write to us at 111 Carisbrooke Court, Buckingway Business Park Anderson Road Cambridge CB24 4UQ . If you make such a request, we will provide you with a readable copy of your Information within 40 days, and we reserve our right to request you to pay the standard fee payable where a "subject access" request is made under the Data Protection Act 2018; if we do not already hold it, we will require proof of your identity.
- We respect your privacy and confidentiality, and we agree to use your Information only for the purposes stated, and accordingly we hold your information on a secure database.
- Telephone calls will be monitored or recorded for quality, training or compliance purposes.
- Notwithstanding steps taken by us acting in your interests to assist you in finding Work, you agree and accept that there is a possibility that an Employer may identify you from Information disclosed by us and that this risk is acceptable to you, and you agree that in the absence of wilful and dishonest intent on our part you are not entitled to make any claims against us whatsoever.
- For the avoidance of doubt, you agree that although you have engaged us to act as your agent for the provision of Traditional Recruitment and temporary Recruitment, we are not entitled nor authorised by you to conclude a contract with an Employer which has the effect of creating legally binding rights and duties between you and them, and any decision you make to join a law firm is your responsibility and you are required to investigate and satisfy yourself of the standing and integrity of such an Employer; you acknowledge and agree that we give no warranty as to the suitability, career prospects or financial standing of any such law firm, and any decision you make in that regard is yours and you take full responsibility for the same.
- The Employment Business will operate as an employment business in relation to the workseeker. Once you are in a position to commence work and be paid, you will enter a contract with the employer / umbrella company, whichever is the appropriate direction for you.
The headings of these Terms are for convenience only and do not affect the interpretation of them.
Each of these Terms is deemed separate and severable and if any Term is deemed to be unlawful and is struck out that shall not affect the remaining Terms which remain in full force and effect.
This Agreement is governed by the laws of England and Wales and the Courts of England and Wales have exclusive jurisdiction to deal with any dispute arising from this Agreement or the use of our Websites.
The singular includes the plural and vice versa.
The masculine includes the feminine and neuter and vice versa.