recruitment agency tob's - where do employers stand?

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Complimentary Webinar Slides: Recruitment Agency Terms of Business Where do Employers Stand? 14 th May 2014 Hugh Middlemass Winston Solicitors LLP

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These webinar slides compliment the 45 minute webinar presented by Hugh Middlemass on Contract Law and Recruitment Agency Terms of Business. A recording of the webinar can be downloaded from our LinkedIn Webinar Group http://linkd.in/1acZPdh or please email: [email protected] and we will happily send it to you. In this webinar Hugh covered: 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

TRANSCRIPT

Page 1: 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

Page 2: Recruitment Agency TOB's - Where do Employers Stand?

A little bird told me….

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Page 3: Recruitment Agency TOB's - Where do Employers Stand?

Hugh Middlemass

Winston Solicitors LLP

Recruitment agency terms of business – where do employers stand?

Page 4: Recruitment Agency TOB's - 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

Page 5: Recruitment Agency TOB's - Where do Employers Stand?

General contractual issues

No good faith – buyer beware

Price

Contra preferentum rule

Unfair Contract Terms Act - what is fair - what is reasonable

Penalties

Page 6: Recruitment Agency TOB's - Where do Employers Stand?

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

Page 7: Recruitment Agency TOB's - Where do Employers Stand?

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

Page 8: Recruitment Agency TOB's - Where do Employers Stand?

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

Page 9: Recruitment Agency TOB's - Where do Employers Stand?

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

Page 10: Recruitment Agency TOB's - Where do Employers Stand?

Questions?

? ?

Page 13: Recruitment Agency TOB's - Where do Employers Stand?

Next weeks Webinar:

Equal Pay and Discrimination

21st May 2014

By

Bruce Frew

St Philips Chambers

Click here to register