Service Level Agreement for the Supply of Agency
Workers
TABLE OF CONTENTS
1. INTRODUCTION .................................................................................................................... 2
2. DEFINITIONS ....................................................................................................................... 2
3. EXPECTED SERVICES AND RESPONSIBILITIES ........................................................................ 3
4. INTRODUCTION OF CANDIDATES ........................................................................................... 5
4.1 Sourcing candidates ......................................................................................................... 5
4.2 Interviews ....................................................................................................................... 6
5. FEES AND INVOICES ............................................................................................................ 6
5.1 Agency Fee .................................................................................................................... 6
5.2 Temp to Perm Fees ......................................................................................................... 6
6. REBATE GUARANTEES........................................................................................................... 7
7. ENQUIRES AND ON-GOING COMMUNICATION ......................................................................... 7
7.1 Contact with CLIC Sargent’s HR Department ..................................................................... 7
7.2 Contact with the line managers ....................................................................................... 8
7.3 Contact with Agency Workers .......................................................................................... 8
7.4 Addressing concerns ...................................................................................................... 8
8. PERIODIC REVIEWS ............................................................................................................. 8
9. EQUAL OPPORTUNITIES AND DATA PROTECTION ...................................................................... 8
10. CONFIDENTIALITY AND ADVERTISING ................................................................................... 9
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1. INTRODUCTION
This Service Level Agreement defines the working relationship between:
CLIC Sargent’s
HR Department
Horatio House
77-85 Fulham Palace Road
And
London
Agency Name
Address
Address
Post code
W6 8JA
Service Scope:
Supply Agency Workers
Recruitment Areas:
Department (Please specify the areas of service that your Agency covers)
Length of Agreement:
12 months
The Objectives of this Agreement are to:
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Provide clear reference to service expectations, processes, and responsibilities.
Present a clear, concise and measurable description of service provision.
Match perceptions of expected service provision with actual service support & delivery.
This Agreement is effective from 1 April 2014 and supersedes all previously agreed terms and
conditions of business in respect of recruitment practices, whether written, oral or implied.
This Agreement will be considered a working document for both parties to refer to on an on-going
basis, and will remain in place for the duration of one year and may be changed or modified by
agreement by both organisations in writing. Nothing in this agreement creates any obligation on CLIC
Sargent to exclusively use the Agency or any obligation on the Agency to supply Agency Workers to
CLIC Sargent.
Recruitment consultants that supply Agency Workers to CLIC Sargent will be deemed to have read and
accepted these terms.
2. DEFINITIONS
The following definitions apply in this Service Level Agreement:
“Agency fee”
means the fee or hourly charges payable by CLIC Sargent to the Agency for the supply of an Agency
Worker;
“Agency Worker”
means the individual who is introduced by the Agency to carry out and who carries out work for CLIC
Sargent;
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“Assignment”
means the period of time the Agency Worker is supplied to CLIC Sargent;
“Candidate” & “Candidates”
means the person or persons introduced by the Agency to CLIC Sargent for consideration for an
Assignment;
“Charity” & “Us”
means
CLIC
Sargent,
Horatio
House,
77-85
Fulham
Palace
Road
London W6 8JA Charity registered in England (No. 1107328) and in Scotland (No. SC039857) to which
the Candidate is introduced;
“Employment”
means the engagement of the Agency Worker by CLIC Sargent under a contact of service;
“Employment Agency”, “Recruitment Agency” & “Agency”
means Name, Address, Address, Post code, registered employment agency in the United Kingdom (No.
XXXXXX) as defined in the Employment Agencies Act 1973;
“Fixed-Term”
means for a period of Employment of less than 12 months;
“Introduction”
means (i) the passing to CLIC Sargent of an application or other supplementary information which
identifies the Agency Worker or (ii) CLIC Sargent’s interview of an Agency Worker (in person, by phone
or by any other means), following CLIC Sargent’s instruction to the Agency to supply an Agency
Worker; and in either case which leads to an engagement of that Agency Worker;
“Remuneration”
means the basic gross annual salary payable to the Agency Worker when offered Employment and
does not include any other emoluments such as bonuses (including guaranteed bonuses),
commissions, company car benefit, allowances, inducements or any other payments or benefits;
“Temp to Perm fee”
means the fee payable by CLIC Sargent to the Agency for the Introduction of an Agency Worker by the
Agency that results in an accepted offer of Employment with CLIC Sargent.
3. EXPECTED SERVICES AND RESPONSIBILITIES
The Agency is expected:
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On request from CLIC Sargent’s HR department or by the hiring manager, to source and
introduce suitable qualified Candidates within the specified timeframe.
To identify and pre-screen Candidates in accordance with the criteria as communicated by the
hiring manager and/or stated in the role profile for the assignment provided by CLIC Sargent.
To meet with Candidates prior to submitting their application or CV and any other requisite
documentation, to ensure they have the necessary or required experience, training,
qualifications and any authorisation required by or a professional body to carry out the
Assignment; to check that they are happy for their details to be submitted to CLIC Sargent
To act with the provisions of the Equality Act 2010.
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The Agency will notify the recruiting manager if the Candidate has a disability and requires
reasonable adjustments to fulfil the interview and/or assignment.
To be responsible for verifying the agency workers their eligibility to work in the UK in advance
of their placement with CLIC Sargent.
To undertake the necessary vetting to ensure that the agency worker meets CLIC Sargent’s
specific requirements and provide evidence at the time of the placement.
To email Candidates’ application or CV and any other requisite documentation to the hiring
manager in good time.
Where an interview is required, to inform Candidates of the time, date, and any other relevant
information prior to the interview and prepare Candidates for interviews.
To inform CLIC Sargent whether the Agency Worker is employed by the Agency under a
contract of services or contract for services.
Where the Agency Worker is employed by the Agency under a contact for services, to ensure
that the contract contains an “entire agreement” clause and a specific written statement to
confirm that there is no employment relationship between the Agency Worker and CLIC
Sargent.
To pay the Agency Worker and be responsible for their tax and national insurance liabilities.
To alert CLIC Sargent HR function when the agency worker has reached 8 weeks assignment so
that a decision can be taken before the 12 weeks on whether to extend the assignment or not.
To take appropriate action in instances of poor work performance or misconduct on the Agency
Worker’s behalf.
To deal with all disciplinary and grievance issues in relation to the Agency Worker.
Upon request, to provide advice on matters related to sector salaries, role content, and labour
market trends where possible.
To adhere to CLIC Sargent’s values.
To ensure that the Agency Worker understands their duty to observe CLIC Sargent’s policies
during the time they provide services to CLIC Sargent regarding;
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Safeguarding
Health and Safety
Intellectual Property Policy and Rights
Confidentiality and Data Protection
Equal Opportunities, bullying and harassment
Use of technology and social media
To adhere to CLIC Sargent’s recruitment processes as outlined in the SLA and communicated to
the Agency via CLIC Sargent’s HR Department or hiring manager.
CLIC Sargent is expected:
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To provide sufficient information on the Assignment including the start date, likely duration,
type of work, location, hours or work, experience, training qualifications and authorisation that
CLIC Sargent considers necessary or that are required by law or a professional body as well as
details of any expense payable by, or to the Agency Worker.
To answer any queries the Agency may have in relation to the Assignment.
To inform the Agency of the selection process (where applicable) and state if any tests are
involved.
To provide feedback via the hiring manager on unsuccessful Candidates following interview
(where applicable).
From the first day of the Assignment to provide the Agency Worker with access to CLIC
Sargent’s collective facilities and information about CLIC Sargent’s job vacancies.
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If the assignment is extended beyond the e 12 week qualifying period, to ensure the Agency
Worker is given the same basic terms and conditions as a comparable CLIC Sargent employee 1.
At the end of each week, to verify and sign the Agency Worker’s time-sheet.
To pass to the Agency for appropriate action all aspects relating to poor performance or
misconduct on the Agency Workers’ behalf.
To pay the Agency fee to be calculated in accordance with the provision of section 5 of this SLA
within 15 calendar days following receipt of a correctly submitted and agreed invoice.
To review SLA arrangements periodically and to meet with consultants where there is an
identified need.
CLIC Sargent will at no point be responsible for the Candidates tax and national insurance
liabilities.
4. INTRODUCTION OF CANDIDATES
4.1 Sourcing Candidates
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When an Agency is required to source Candidates for an Assignment, the Agency will be given
(via e-mail or phone) details of the Assignment.
The Agency will normally be given a week to source Candidates.
The Agency should not submit any speculative CV or/and application forms unless specifically
asked to source Candidates for an approved assignment. CVs or other application
documentation received on a speculative basis will not be considered.
The Agency must not submit application documents of any Candidate without their prior
consent. Consultants should brief Candidates fully on the Assignment before submitting their CV
or other application documentation to CLIC Sargent.
Recruitment consultants should interview Candidates on a face-to-face basis wherever possible,
(or comprehensively over the telephone if face-to-face is not possible), before submitting their
application documentation to CLIC Sargent. Consultants should endeavour to ensure that each
Candidate is a close match to the requirements as outlined in the role profile for the Assignment
and/or communicated by the hiring manager.
The Agency will ensure that the Candidate’s information provided to CLIC Sargent is validated,
accurate, relevant and reliable.
Recruitment consultants must confirm that each Candidate whose details they submit has the
experience, training, qualifications which CLIC Sargent considers necessary or which are
required by law or by any professional body for the relevant assignment.
The Agency accepts responsibility and the liability for ensuring Candidates right to work in the
UK; valid Disclosure and Barring certificates and for obtaining references and will carry out
reasonable pre-employment checks for all Candidates.
As outlined in The Agency Workers Regulations 2010
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4.2 Interviews
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If an interview is required, the Agency will be notified when a Candidate has been shortlisted.
The Agency should contact the hiring manager to arrange an interview date.
The Agency should inform shortlisted Candidates of the date, time, and location of the
interview, as well as relevant specifics such as the names and job titles of the interview panel.
No information should be passed on to a Candidate about the questions that might be asked, or
the contents of any technical tests. Candidates should not be prepared by the Agency in any
way that could hinder our ability to make a raw assessment.
Feedback can be given directly to Candidates. However, if the Agency prefers, CLIC Sargent will
provide feedback to the Agency. In such circumstances, it is expected that the Agency will relay
feedback accurately.
5. FEES AND INVOICES
5.1 Agency Fee
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CLIC Sargent agrees to pay the Agency fee within 15 days following receipt of a correctly
submitted and agreed invoice, or as agreed and accepted in writing otherwise.
The Agency fee comprises mainly the Agency Worker’s pay but also the Agency’s commission
calculated as a percentage of the Agency Worker’s pay, employer’s National Insurance
contributions and any statutory payments in force at the time. If applicable VAT can be charged
on the fee.
The Agency’s commission will [please enter]%2 of the Agency fee.
CLIC Sargent does not agree to pay and is not liable for any additional fees for administration or
services rendered (including advertising) unless specifically and separately agreed in writing by
CLIC Sargent’s HR Department.
Invoices must include the Recruitment reference number and departmental cost code (both
available from the hiring manager) the nominal code 3045.
Invoices should be sent to: finance@clicsargent.org.uk
In the event of conflict between this Agreement and any other terms and conditions, this
Agreement will prevail unless expressly agreed otherwise in writing by CLIC Sargent.
5.2 Temp to Perm Fees
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CLIC Sargent will pay the agreed Temp to Perm fee within 30 days following receipt of a
correctly submitted and agreed invoice or as agreed and accepted in writing otherwise.
No fee will be incurred by CLIC Sargent until the Agency Worker accepts a final offer of
Employment, after which the Agency will be entitled to render an invoice to CLIC Sargent for its
fees.
No fee will be incurred by CLIC Sargent where the transfer of the Agency Worker to
Employment with CLIC Sargent occurs after the later of:
o Eight weeks from the end of the Agency Worker’s Assignment; or
o 14 weeks from the beginning of the Agency Worker’s Assignment.
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This must be no more than 15%. As a charity, we try to minimise costs and other all arrangement being equal will work with
the Agency or Agencies that provide optimum value for money.
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The fee payable to the Agency by CLIC Sargent for an Introduction resulting in Employment of
an Agency Worker is the amount equal [please enter]%3 of the Remuneration applicable. VAT
can be charged on the fee if applicable. This will be pro rata for part time roles.
In the event of Fixed-Term Employment, the fee will be calculated in line with the permanent
fees charged at [please enter]% on pro-rata basis dependant on the length of service of the
employee (‘x’/12ths of the gross annual remuneration multiplied by [please enter]% where ‘X’
represents the contract duration in months). The minimum Fixed-Term Employment length in
all cases will be three (3) calendar months.
If the Fixed-Term is extended or if CLIC Sargent re-engages the Agency Worker through the
Agency within three (3) calendar months from the date of termination of the Fixed-Term CLIC
Sargent shall be liable to pay a further fee based pro rata on the additional Remuneration
applicable based on the original remuneration level at the point of engagement.
If the Fixed-Term is extended beyond 12 months, CLIC Sargent will only be liable for fees
relating to the first 12 months of Employment from the commencement of the first Fixed-Term.
Invoices must include the Recruitment reference number and departmental cost code (both
located available from the hiring manager) the nominal code 3048.
Invoices should be sent only when an offer of Employment has been accepted, and should be
sent to: finance@clicsargent.org.uk
In the event of conflict between this Agreement and any other terms and conditions, this
Agreement will prevail unless expressly agreed otherwise in writing by CLIC Sargent.
6. REBATE GUARANTEES
No payments will be made to the Agency if the Agency Worker does not comment employment with
CLIC Sargent. If payment is made for whatever reason the Agency will pay CLIC Sargent 100% of the
Temp to Perm fee.
If an agency (i) leaves, (ii) is dismissed or (iii) employment is otherwise terminated within three
months of commencing direct employment with CLIC Sargent (other than through redundancy), the
Agency will pay CLIC Sargent, by way of cheque or BACS payment, a rebate equal to or better than
the following calculation:
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100% of the Temp to Perm fee if the candidate is employed 1-4 weeks
75% of the Temp to Perm fee if the candidate is employed 4-8 weeks
50% of the Temp to Perm fee if the candidate is employed 8-12 weeks
25% of the Temp to Perm fee if the candidate is employed 12- 16 weeks
The date of termination of the Employment shall be the date on which the Agency Worker ceases
working or would have ceased working for CLIC Sargent.
7. ENQUIRIES AND ON-GOING COMMUNICATION
7.1 Contact with CLIC Sargent’s HR Department
This must be no more than 10%. As a charity, we try to minimise costs and all other arrangements being equal will work with
the Agency or Agencies that provide optimum value for money
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The Agency agrees to put in place one contact person/account manager who will be responsible
for the implementation and service of this Agreement. The account manager will also be
responsible for developing and maintaining the relationship with CLIC Sargent.
The Agency will provide proactive information on the length of the assignment to the HR
department particularly should the 8 weeks be triggered.
Within CLIC Sargent, the HR Recruitment and Selection Co-ordinator will be the first point of
contact for the Agency’s enquiries.
7.2 Contact with the line managers
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CLIC Sargent’s hiring managers will be responsible for informing the Agency of the Assignment
details and where an interview is required for arranging a date for the interview and providing
further details about the interview process. Hiring managers at CLIC Sargent will be directly
responsible for providing feedback to shortlisted candidates where requested.
The hiring manager will be responsible for all and any communication regarding the Agency
Worker whilst on Assignment including, but not limited to performance, attendance, time sheet
submission and duration of the Assignment.
7.3 Contact with Agency Workers
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CLIC Sargent considers regular contact between recruitment consultants and Agency Workers
on Assignment with CLIC Sargent to be essential.
All concerns or issues the Agency Worker may have should be directed to the Agency.
7.4 Addressing concerns
Both parties will seek to resolve any perceived breaches of this Service Level Agreement in a thorough
and professional manner. Any concerns should be raised through the relevant point of contact for the
escalation process. For CLIC Sargent, this will be the HR Operations Manager. For [please insert
Agency Name], this will be [please insert Agency Contact]. The responding party is required to provide
a response within 15 days of receipt of the complaint.
8. PERIODIC REVIEWS
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The overall effectiveness and relevance of this Agreement will be monitored and reviewed
periodically by the HR team and relevant hiring managers.
If deemed necessary, CLIC Sargent’s HR Department and the Agency will meet to discuss any
concerns.
If the Agency is not performing in accordance with the SLA, and/or is not able to supply Us with
quality candidates, CLIC Sargent reserves the right to remove the Agency from the supplier list
following consultation with the Agency.
CLIC Sargent will annually review the performance of the Agency and consider any amendments
to the SLA or other relevant information that may be required.
The next annual review will be in spring 2015.
9. EQUAL OPPORTUNITIES AND DATA PROTECTION
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CLIC Sargent requires all recruitment consultants to comply with equal opportunities legislation
in advertising and/or discussing CLIC Sargent Assignments with candidates. The Agency be
liable for and will not commit any act or omission constituting unlawful discrimination or
harassment of any Candidate.
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In line with the Equality Act 2010 irrelevant Candidate’s personal details (such as marital status
and date of birth) should be removed from application documents before submission to CLIC
Sargent.
The Agency will notify the recruiting manager if the Candidate has a disability and requires
reasonable adjustments to fulfil the assignment.
The Agency is required to comply with current legislation (including without limitation the Data
Protection Act 1998) in their handling of Candidate’s details.
All information relating to a Candidate is confidential and subject to the Data Protection Act
1998 and will be kept solely for recruitment purposes.
CLIC Sargent may, in accordance with the Data Protection Act 1998, store and process
Candidate’s details supplied by the Agency. CLIC Sargent will treat introductions in strict
confidence and will not pass information to any third party without the permission of the Agency
and the Candidate.
CONFIDENTIALITY AND ADVERTISING
The Agency hereby undertakes that any Agency Worker whose services are supplied to CLIC
Sargent through the Agency will enter into any reasonable confidentiality undertaking(s) and/or
assignment(s) required by CLIC Sargent.
All matters relating to CLIC Sargent’s recruitment requirements or information supplied will be
deemed privileged information and should be treated as confidential.
The Agency is not authorised to advertise any Assignment where it would identify CLIC Sargent
as the client, unless specifically permitted to do so.
By signing below, all parties confirm that they have read and understood the expectations
and responsibilities of both parties resulting from this Service Level Agreement.
(On behalf of CLIC Sargent)
(On behalf of Agency Name)
Signed
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Signed
………………………………………
Name
………………………………………
Name
……………………………………….
Job Title
Date
……………………………………
……………………………………..
Job Title
Date
……………………………………
……………………………………......
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