Terms & Conditions
Standard Terms and Conditions for Permanent Candidates
All and any business undertaken by CMA Financial Recruitment Ltd or associated trading names (“CMA”) is transacted subject to the terms and conditions hereinafter set out. CMA is acting in the capacity of an employment agency.
Upon provision, by the Candidate, of a full and accurate Curriculum vitae, CMA shall, at its sole discretion, search for suitable employment positions on behalf of the Candidate. The type of employment sought for the Candidate will be as discussed at your Candidate registration interview.
Before any work finding services are provided, the Candidate shall provide CMA with satisfactory evidence of the Candidate’s identity which shall include, but not be limited to, a certified copy of the Candidate’s passport or birth certificate.
If, in respect of any prospective employment, the Candidate is required by law, any professional body or by the Client to hold or have any experience, training qualifications and/or authorisations, the Candidate shall provide CMA with up to date copies of such qualifications and/or authorisations.
The Candidate consents to the disclosure of all relevant information (which is reasonably required to progress any application) including but not limited to assessment results, copies of qualifications, authorisations and/or references by CMA to the Client.
The Candidate shall immediately inform CMA should there be any reason or circumstance under which it would be detrimental to the interests of CMA, the Client or the Candidate for the Candidate to take up a particular position with a Client.
CMA shall be under no obligation to find employment for the Candidate.
The Candidate should not engage in any conduct which, is detrimental to the interests of CMA, would negatively affect CMA’s relationship with the Client or is likely to bring CMA into disrepute.
The Candidate having any complaint in connection with the work finding services shall have the right to present a complaint in writing to a Director of CMA at the Southampton office address.
If, following an introduction from CMA, the Candidate receives an offer of employment or engagement to work for or with a Client introduced by CMA, the Candidate shall inform CMA immediately and provide CMA with full details of the offer including a copy of the offer letter/contract of employment if requested.
An offer of employment is not made until written details are received from the Client. CMA does not accept any responsibility and shall not be liable for any loss suffered by the Candidate by reason of the Candidate’s decision to resign from his/her current employment or engagement before or after receipt of the Client’s written offer.
Standard Terms and Conditions for Temporary Workers
Temporary Workers are engaged under a contract for services, the terms of which are set out below and which apply to each and every assignment.
All and any business undertaken by CMA Financial Recruitment Ltd or associated trading names (“CMA”) is transacted subject to the terms and conditions hereinafter set out, each of which shall be incorporated or implied in any Agreement between CMA and the Temporary Worker. CMA is operating in the capacity of an employment business.
The Candidate consents to the disclosure of all relevant information (which is reasonably required to progress any application) including but not limited to assessment results, copies of qualifications, authorisations and/or references by CMA to the Client.
CMA agrees to offer suitable assignment work to the Temporary Worker with a hirer (hereinafter called the Client) requiring such a Worker. The types of work and expected rates of pay to be sought on behalf of the Temporary Worker are discussed in your Candidate registration interview. Final terms and conditions will be issued at the commencement of an assignment, detailing the actual rate of pay and the type of work to be undertaken.
CMA reserves the right to offer any assignment as it may elect to such Temporary Worker where that assignment is suitable for several workers. The Temporary Worker is under no obligation to accept such an offer but, if accepted, he/she owes the normal common law duties as a worker as far as they are reasonably applicable.
It is a condition of this Agreement that the Temporary Worker shall, before the commencement of any assignment, have provided CMA with satisfactory evidence of the Temporary Worker’s identity which shall include, but not be limited to a certified copy of the Temporary Worker’s passport or birth certificate.
If, in respect of any assignment, the Temporary Worker is required by law, any professional body or by the Client to hold any qualifications and/or authorisations, the Temporary Worker shall provide CMA with: up to date copies of such qualifications and/or authorisations; and the names of two referees (who are not relatives of the Temporary Worker) who the Temporary Worker agrees that CMA may approach at any time for the purpose of obtaining references about the Temporary Worker. The Temporary Worker also consents to the disclosure of such qualifications, authorisations and/or references by CMA to the Client.
CMA shall pay to the Temporary Worker wages calculated at an hourly rate, to be determined prior to the commencement of the assignment, subject to deductions for the purpose of National Insurance Contributions, PAYE or other purpose for which CMA is required by law to make deductions. The Temporary Worker shall be required to provide time sheets signed by the Client agreeing the hours worked by the Temporary Worker on a weekly basis. In addition, the Temporary Worker shall promptly comply with any other rule or request (either from the Client or CMA) to provide information and/or documentation in respect of the hours worked by the Temporary Worker. CMA will not pay the Temporary Worker on any other basis unless expressly agreed by CMA in writing. CMA will not withhold payment of the Temporary Worker’s wages through reason of non-receipt of payments from the Client.
The Temporary Worker shall be entitled to paid annual leave in accordance with the Working Time Regulations 1998 and the following provisions:
- The Temporary Worker is paid for holiday entitlement on an hourly basis in advance and CMA will set off any such payments made in advance against any entitlement to paid holiday either during the course of an assignment or on termination of an assignment. Although the Temporary Worker is entitled to pay in lieu of untaken holiday entitlement on termination of an assignment he/she will have received full holiday pay in advance during the course of the assignment;
- The leave year commences on the date that the Temporary Worker starts an assignment or series of assignments. The Temporary Worker will have a maximum entitlement to 5.6 weeks’ holiday. This entitlement will accrue on a month by month basis and the Temporary Worker may not take more paid annual leave than has accrued from time to time. Any bank or statutory holidays taken as paid holiday will be deducted from this entitlement;
- Any holiday not taken by the end of the leave year in which the entitlement arises is forfeited. It may not be carried forward and CMA will not make any further payment in lieu;
- The Temporary Worker must notify the Client in writing of his/her intention to take paid holiday leave, giving notice of at least twice the length of the period of leave that he/she wishes to take. For administration purposes, the Temporary Worker should also notify CMA of his/her intention to take holiday leave at the same time as he/she notifies the Client.
The Temporary Worker shall at all times when services are due to a Client comply with the following conditions:
- Not engage in any conduct detrimental to the interests of the Client;
- To be present during the times or for the total number of hours during each day and/or week as may be agreed with the Client;
- To take all reasonable steps to safeguard his/her own safety and the safety of any other person who may be affected by his/her actions at work;
- To comply with any rules or obligations relating to discipline and/or health and safety in force from time to time at the premises where services are performed to the extent that they are reasonably applicable;
- To comply with all reasonable instructions and requests regarding the scope of the agreed services made by the Client;
- Not to at any time during or after any assignment divulge or make known to any person or any competitor of the Client, nor use for his/her own or any other person’s benefit any confidential information (which shall remain the property of the Client) in relation to the trade secrets, operations and business affairs of the Client. Further to immediately surrender all documents, samples, tools and equipment provided by the Client on the cessation of the assignment.All intellectual property conceived or made by the Temporary Worker (either alone or with others) in the course of any assignment shall belong to the Client and the Temporary Worker agrees to assign all its interest in any such intellectual property to the Client or its nominee. If requested to do so, the Temporary Worker shall execute any documentation which the Client shall deem necessary to give effect to this provision.
The Temporary Worker shall immediately inform CMA and the Client should there be any reason or circumstance under which it would be detrimental to the interests of CMA or the Temporary Worker for the assignment to continue.
The Temporary Worker is requested to advise CMA of any other assignment or vacancies that he/she may have been informed of by the Client. The Temporary Worker is required to inform CMA of any offer of extended assignment or permanent employment with the Client. If an offer of employment, arising from an assignment or secondment is made within twelve months then the Temporary Worker is requested to advise CMA of his/her employment.
CMA shall be under no obligation to provide work for the Temporary Worker and this Agreement creates no obligation on CMA to provide the Temporary Worker with a specified number of hours work on any day or any week.
CMA may terminate this Agreement without notice at any time and for any reason at CMA’s sole discretion and instruct the Temporary Worker to end an assignment with a Client at any time. The Temporary Worker may terminate this agreement at any time, however CMA request that the Temporary Worker informs CMA 24 hours prior to the termination of the assignment.
The Temporary Worker should not engage in any conduct, which is detrimental to the interests of CMA, would negatively affect CMA’s relationship with the Client or is likely to bring CMA into disrepute.
The Temporary Worker having any complaint in connection with the temporary work, or the conduct or relations with the Client or any employee of the Client shall have the right to present a complaint in writing to a Director of CMA at the Southampton office address.