Recruitment Agency TOB's - Where do Employers Stand?
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Transcript of Recruitment Agency TOB's - Where do Employers Stand?
Complimentary Webinar Slides:
Recruitment Agency Terms of
Business –
Where do Employers Stand?
14th May 2014
Hugh Middlemass
Winston Solicitors LLP
A little bird told me….
0113 322 7240 [email protected] www. shorebird-rpo.com
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Hugh Middlemass
Winston Solicitors LLP
Recruitment agency terms of business – where do employers stand?
Introduction
General contractual issues
Some terms common to most terms of business - what to look for - pitfalls
Employment Agency specific terms
What to negotiate
Conditions of purchase
General contractual issues
No good faith – buyer beware
Price
Contra preferentum rule
Unfair Contract Terms Act - what is fair - what is reasonable
Penalties
Some terms common to most Terms of Business - pitfalls Definitions
Boiler Plate clauses
Variations
Entire agreement clauses
Exclusion of Third Party Rights Act
Assignment of the contract
Data protection and confidentiality
Liability
Employment agency specific terms
Employment Agency under the Employment Agencies Act 1973
What is an “Introduction” What is “Engagement” Temporary to full time Fixed term contracts References Fees and retainers Exclusivity
What to negotiate Everything Definitions Entire agreement – representations Restrictions on assignment Confidentiality Fees Probationary periods Non solicitation Termination – of employment Termination of the contract with the agency
Conditions of purchase
Terms are what the parties agree
When your own terms may be appropriate
What will be in your terms
If not appropriate, use a checklist
Questions?
? ?
Contact details
Telephone: 0113 320 5000
Website: www.winstonsolicitors.co.uk
email: [email protected]
LinkedIn: www.linkedin.com/in/hughmiddlemass
Twitter: @WinstonLLP
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0113 322 7240 [email protected] www. shorebird-rpo.com
Next weeks Webinar:
Equal Pay and Discrimination
21st May 2014
By
Bruce Frew
St Philips Chambers
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