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HRN specialises in permanent and temp recruitment for the healthcare industry.
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020 7193 4003
Health Recruit Network, 1 Poultry, London EC2R 8EJ

Website Terms

CONTRACT 1: TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT, FIXED TERM CONTRACT OR ZERO HOUR CONTRACT (TO BE DIRECTLY ENGAGED BY THE CLIENT)

Our own stringent hiring and training policies means that all of our consultants are genuine experts in their fields, ensuring they can truly understand the requirements of each brief and precisely target only candidates who fit every need. Combining these outstanding individuals with HRN’s culture of excellence, we provide our clients with exceptional service, and exceptional candidates.

  1. DEFINITIONS
    1. In these Terms the following definitions apply:

    “Agency” Health Recruit Network Limited (registered company no. 08866395. WeWork, 33 Queen St Pl, London EC4R 1AP, United Kingdom, HA5 5NE); (“the Agency”);

    “Cancellation Fee” means the fee payable by the Client to the Agency when the Client withdraws an offer of Engagement made to the Candidate before the Candidate has accepted the offer and which is calculated in accordance with clause 3.10;

    “Candidate” means the person Introduced by the Agency to the Client for an Engagement including any officer, employee or other representative of the Candidate if the Candidate is a corporate body, and members of the Agency’s own staff;

    “Client” means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to which the Candidate is Introduced;

    “Engagement” means the engagement, employment or use of the Candidate by the Client or by any third party to whom the Candidate has been introduced by the Client, on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; or through a limited company of which the Candidate is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;

    “Introduction” means (i) the passing to the Client of a curriculum vitæ or information which identifies the Candidate or (ii) the Client’s interview of a Candidate (in person, by telephone or by any other means), following the Client’s instruction to the Agency to search for a Candidate; and, in either case, which leads to an Engagement of the Candidate; and “Introduces” and “Introduced” shall be construed accordingly; (iii) the introduction is not limited to the client’s first contact with the candidate. The client will have to provide evidence by way of either an application within the last six months in order to be valid and not considered lapsed.

    “Introduction Fee” means the fee payable by the Client to the Agency for an Introduction resulting in an Engagement;

    “Remuneration” includes gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate for services rendered to or on behalf of the Client or any third party. Where the Client provides a company car, a notional amount will be added to the salary in order to calculate the Agency’s fee;

    “Replacement Candidate” means any Candidate Introduced by the Agency to the Client to fill the Engagement following the Introduction of another Candidate whose Engagement either did not commence or was terminated during the first 12 weeks of the Engagement;

    “Vulnerable Person” means any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, and includes any person under the age of eighteen;

    “Free Replacement” A "Free Replacement" means the Company's offer, at its sole discretion, to source and introduce one (1) like-for-like Candidate to fill the same role as that originally invoiced to the Client, in the event that the original Candidate fails to commence the Engagement or their Engagement is terminated within the first 12 weeks, subject to the conditions set out in these Terms.

    The Free Replacement shall be non-transferable, meaning it cannot be applied to any other vacancy, role, department, or site other than the original role for which the Introduction Fee was invoiced.

    The Client shall be entitled to one (1) offer acceptance from a replacement Candidate only.

    No further replacements, refunds, or credits shall be due if the replacement Candidate subsequently declines the offer, fails to commence, or leaves the Engagement at any time.

    The Client must notify the Company of their intention to pursue a Free Replacement within 5 working days of the termination or non-commencement of the original Candidate.

    1. Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine and vice versa.
    2. The headings contained in these Terms are for convenience only and do not affect their interpretation.
  2. THE CONTRACT
    1. These terms of business and the attached Schedule(s) (“the Terms”) constitute the contract between the Agency and the Client for the supply of permanent or contract staff (to be engaged directly by the Client) and are deemed to be accepted by the Client by virtue of an Introduction or the Engagement of a Candidate, or the passing by the Client of any information about a Candidate to any third party following an Introduction.
    2. These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of the Agency, these Terms prevail over any other terms of business or purchase conditions (or similar) put forward by the Client.
    3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a director of the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
    4. The Agency acts as an employment agency (as defined in Section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by that Client.
  3. NOTIFICATION AND FEES
    1. The Client agrees to:
      1. notify the Agency immediately of the terms of any offer of an Engagement which it makes to the Candidate;
      2. notify the Agency immediately that its offer of an Engagement to the Candidate has been accepted and to provide details to the Agency of the Remuneration agreed with the Candidate together with any documentary evidence as requested by the Agency; and
      3. pay the Introduction Fee, to be calculated in accordance with the provisions of this clause 3, by the due date for payment in clause 3.7.
    2. The Introduction Fee calculated in accordance with clause 3.3 below is payable if the Client Engages the Candidate within the period of 12 calendar months from the date of (a) the Introduction, (b) the Client’s withdrawal of an offer of Engagement or (c) the Candidate’s rejection of an offer of an Engagement, (whichever is the later).
    3. The Introduction Fee is calculated in accordance with the attached Fee Structure Schedule based on the Remuneration applicable during the first 6 months of the Engagement.
    4. Where the actual Remuneration is not known, the Agency will charge an Introduction Fee calculated in accordance with clause 3.3 based on its determination of the Remuneration taking into account the market rate level of remuneration applicable for the position in which the Candidate has been Engaged and with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally.
    5. Where prior to the commencement of the Engagement the Agency and the Client agree that the Engagement will be on the basis of a fixed term of less than 6 months, the Introduction Fee will be based on a full 6 months of employment and all terms remain the same as if the introduction was based on a permanent introduction irrespective of the length of the fixed term contract.
    6. The Client’s obligations under this clause 3 shall be performed without any right of the Client to invoke set-off, deductions, withholdings or other similar rights.
    7. The Introduction Fee shall be payable within 14 days of the date of the Agency’s invoice which shall be rendered once the Candidate commences the Engagement.
    8. VAT is charged at the standard rate where applicable.
    9. The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 6% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
    10. If, after an offer of Engagement has been made to the Candidate, the Client decides for any reason to withdraw it prior to the Candidate commencing employment, the Client shall be liable to pay the Agency a Cancellation Fee calculated in accordance with the Fee structure below. This is with the exception of proven unsatisfactory references or DBS.
    11. In the event that any Agency staff with whom the Client has had personal dealings accepts an Engagement with the Client while employed by the Agency [or within 6 months of leaving the Agency], the Client shall be liable to pay an Introduction Fee to the Agency calculated in accordance with clause 3.3.
    12. The Client shall not at any stage, before or after Engagement, request that the Candidate shall be liable to pay any fee to the Client which relates to the Introduction Fee between the Client and the Agency under any circumstances. This includes, but is not exclusive to, Termination, Resignation or reduction in hours. In this instance the invoice will be issued immediately in accordance with our fee structure.
  4. REFUNDS
    1. If, after an offer has been made and accepted, the Engagement (a) does not commence because the Candidate withdraws their acceptance; or (b) once it has commenced, is terminated by either the Candidate or the Client (except in circumstances where the Candidate is made redundant) before the expiry of 12 weeks from the date of commencement of the Engagement; then subject to the terms of clause 4.2: the Agency will refund the Introduction Fee in accordance with the accompanying Scale of Refunds set out in the Schedule attached to these Terms.
    2. In order to qualify for the refund set out in clause 4.1, then the Client must comply with the provisions of clause 3.1 and must notify the Agency in writing of the termination of the Engagement or the non-commencement of the Engagement within 7 days of its termination or non-commencement.
    3. For the purposes of this clause 4 the date of termination of the Engagement shall be the date on which the Candidate ceases working or would have ceased working for the Client, but for any period of garden leave or payment in lieu of notice, whichever is the later.
    4. In circumstances where clause 3.5 applies, the full Introduction Fee is payable and there shall be no entitlement to a refund.
    5. If subsequent to the Client receiving a refund the Candidate is re-Engaged within a period of 12 calendar months from the date of termination then the refund shall be repaid to the Agency. The Client shall not be entitled to any further refunds in relation to the re-Engagement of this Candidate.
  5. INTRODUCTIONS TO THIRD PARTIES

    Introductions of Candidates are confidential. If a Client discloses a Candidate’s details to a third party, that will be deemed to be a “Third Party Introduction”. If that Third Party Introduction results in an Engagement of the Candidate by the third party within 6 months of the Agency’s Introduction of the Candidate to the Client, then the Client will be liable to the Agency for payment of an Introduction Fee in accordance with clause 3. Neither the Client nor the third party shall be entitled to a refund of the Introduction Fee under clause 4 in any circumstances.

  6. SUITABILITY CHECKS
    1. The agency acts solely as introductory agency and it is the sole responsibility of the Client to satisfy itself as to the suitability of the Candidate for the position they are seeking to fill. The Client is responsible for:
      1. taking up any references provided by the Candidate before Engaging the Candidate;
      2. checking the Candidate’s right to work and obtaining permission to work as may be required by the law of the country in which the Candidate is Engaged to work;
      3. the arrangement of medical examinations and/or investigations into the medical history of any Candidate; and
      4. satisfying any medical and other requirements, qualifications or permission required for the Candidate to work in the Engagement.
    2. The Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the following:
      1. the type of work that the Candidate would be required to do;
      2. the location and hours of work;
      3. the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position;
      4. any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;
      5. the date the Client requires the Candidate to commence the Engagement;
      6. the duration or likely duration of the Engagement;
      7. the minimum rate of Remuneration, expenses and any other benefits that would be offered;
      8. the intervals of payment of Remuneration; and
      9. the length of notice that the Candidate would be entitled to give and receive to terminate their employment with the Client.
  7. INFORMATION TO BE PROVIDED
    1. When the Agency Introduces a Candidate to the Client the Agency shall inform the Client that they have obtained confirmation of the matters set out in clause 6.1 [and in the case of a position which involves working with Vulnerable Persons the matters in clause 6.4]. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following, save where the Candidate is being Introduced for an Engagement which is the same as one in which the Candidate has worked within the previous 5 business days and such information has already been given to the Client.
  8. CONFIDENTIALITY AND DATA PROTECTION

    All information relating to a Candidate is confidential and subject to the Data Protection Act 1998 (“DPA”) and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose nor divulged to any third party and the Client undertakes to abide by the provisions of the DPA in receiving and processing the data at all times. In addition information relating to the Agency’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.

  9. LIABILITY

    The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.

  10. NOTICES

    All notices which are required to be given in accordance with this Agreement shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent.

  11. SEVERABILITY

    If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

  12. GOVERNING LAW AND JURISDICTION

    These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.

SCHEDULE: FEE STRUCTURE (Clause 3.3)

Agreed fee structure to be found on supplied order form.

Where this has not been supplied or agreed, our standard recruitment charge is 20% of the annual salary of all introductions.

* Gross Annual Salary means the total remuneration paid by you in the first year including:

  • Basic Salary

** Subject to a minimum charge of £3,000 + VAT

SCHEDULE: SCALE OF REFUND (Clause 4.1)

  1. The rebate as found on the order form only applies in the event that the Client complies with the provisions of clauses 3, 4.1 and 4.2 of these Terms.
  2. Where the Candidate ceases working for the Client during the first 12 weeks of the Engagement (except where the Candidate is or will be made redundant) or fails to commence an Engagement, except in the circumstances set out in clause 3.10, subject to the conditions in clauses 3, 4.1 and 4.2, the Client shall be entitled to either:
    1. a refund of the Introduction Fee in accordance with the scale set out below (subject to the conditions in clauses 3, 4.1 and 4.2), or
    2. a free replacement Candidate to be sourced by the Company, provided that the Client:
      • Notifies the Company in writing within 5 working days of the termination or non-commencement;
      • Cooperates fully and in good faith in the recruitment of a replacement; and
      • Grants the Company a period of up to 8 weeks (2 months) from the date of notification to identify and propose a suitable replacement Candidate.
  3. If the Client elects the free replacement option and the Company is unable to present a suitable replacement Candidate within the 8-week period despite reasonable efforts, the Client may then elect to receive a refund of the Introduction Fee in accordance with the refund scale below. No refund shall be payable prior to the expiry of this 8-week period.
  4. Where no refund has been presented on the order form, the scale shall apply as follows:
Week in which the Engagement terminates in accordance with clause 4.2 % of introduction fee refunded
Non-commencement100%
1 – 280%
3 – 450%
5 – 625%
7 – 815%
9 – 1010%
11 – 125%
  1. There will be no refund where the Candidate’s Engagement is terminated (or the Engagement would have terminated but for any period of garden leave or payment in lieu of notice) during or after the 13th week of the Engagement.
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