TERMS AND CONDITIONS OF BUSINESS WITH WORK-SEEKERS

 

These Terms and Conditions of Business are between:

1. Sisko Group Ltd, a company incorporated in England and Wales with registered company number 12886738 (“Company” or “we”); and
2. Individuals seeking to engage the Company’s work-finding services (“you” or “your”).

WHEREAS

1. These Terms and Conditions of Business are deemed to cover the supply of services by the Company; and
2. It is understood that the Company may act in its capacity as an employment agency (as defined in the Conduct Regulations) or as an employment business (as defined in the Conduct Regulations) when providing Our Services to you. 

1. DEFINITIONS
   1. The following definitions apply to these Terms and Conditions of Business:

“Assignment” means the period during which the Candidate is temporarily supplied by the Company to render services to the Client;

“Assignment Schedule” means a document outlining the principal terms governing an Assignment;

“Candidate” means the person Introduced by the Company to the Client for an Engagement or an Assignment, including any officer or employee of a Limited Company where the individual supplied is a Limited Company Contractor;

“Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 and any customer of the Client requiring the services of the Candidate;

“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;

“Data Controller” determines the purposes, conditions and means of processing Personal Data;

“Data Processor” is responsible for processing Personal Data on behalf of a Data Controller;

“Data Protection Legislation” means (i) the UK GDPR (which via the European Union (Withdrawal) Act 2018 brought the EU’s General Data Protection Regulation ((EU) 2016/679) into UK national law); the Data Protection Act 2018 as amended from time to time, and all applicable laws and regulations relating to the processing of personal data (defined in the UK GDPR) and privacy, including where applicable the guidance and codes of practice issued by the UK supervisory regulatory body and shall include all amendments or variations made to any of the preceding legislation and or any replacement statute repealing any of the abovementioned legislation;

“Data Subject” is a natural person (individual) whose Personal Data is processed by a Data Controller or Data Processor;

“Engagement” means the engagement, employment or use of the Candidate directly by the Client or any third party or through any other company on a permanent or temporary basis, whether under contract of service or for services; an agency, license, franchise or partnership agreement; directly or through a Limited Company of which the Candidate is an officer or an employee. “Engage” and “Engaged” shall be construed accordingly;

“Introduction” means: a) the interview of a Candidate by a Client in person or by telephone or by any other means; or b) the passing to the Client by the Company of a curriculum vitæ or information about the Candidate, which leads to an Assignment or an Engagement. The time of the Introduction shall be taken to be the earlier of (a) and (b) above; and “Introduced” and “Introduces” shall be construed accordingly;

“Job Boards” means internet-based services enabling you to actively search for suitable vacancies and enabling companies to actively search for suitable candidates;

“Limited Company” means a private company limited by shares or guarantee, or a public company limited by shares or guarantee and having a share capital, as defined in the Companies Act 2006;

“Limited Company Contractor” means a Candidate whose Services are supplied by the Company to the Client through a Limited Company which is contracted by the Company under a contract for services;

“Our Services” means the Company’s specialist skills, techniques and resources employed to find you suitable work, which may be of a permanent or temporary nature;

“Personal Data” means any information relating to a Data Subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

“Recruitment Consultant” means the person employed by the Company who will provide Our Services to you;

“Your Details” means the Personal Data (including, but not limited to, your CV) you will be requested to provide to the Company, any further details that may be required either by law or upon a Client’s request, or such other details as you may have made publicly available through registering with Job Boards or on a professional networking site;

“Your Services” or “Services” means the knowledge, skills, experience and techniques you will use to perform your Engagement or Assignment for the Client.

• GENERAL
  • Unless the context requires otherwise, references to the singular include the plural and reference to the masculine include the feminine and vice versa.
  • Any reference to statutory provisions shall be construed as references to those provisions as respectively replaced, amended, or re-enacted from time to time and shall include any provisions of which they are re-enactments (whether with or without modification), consequential amendments and any subordinate legislation made under such provisions
  • These Terms and Conditions of Business contain the whole agreement between the parties and supersede and replace any prior written or oral agreements, representations or understandings between the parties, and in particular shall supersede any terms set out in any invoice, timesheet, or other communication issued by you to the Company.

• LAW
  • These Terms and Conditions of Business are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.

• THE CONTRACT
  • These Terms and Conditions of Business are deemed to be accepted by virtue of your registration with the Company and / or by virtue of your agreement for the Company to forward your CV to a Client. The Company will not forward your CV to any Client without your permission.
  • The Company’s work-finding services to you are provided free of charge.
  • These Terms and Conditions of Business will not at any time be considered to constitute a contract of employment between you and the Company or any of its Clients.

• LIABILITY
  • The Company 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 you arising from or in any way connected with the Company seeking suitable work for you or from the Company’s Introduction of you to or Engagement by the Client or from the failure of the Company to find you suitable work. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.

• THE COMPANY’S OBLIGATIONS

The Company agrees to do the following:

• At Registration stage:
  • Give you clear information about Our Services and what additional terms & conditions (if any) apply to Our Services;
  • Register Your Details and provide you with our data processing information in relation to the use of your Personal Data in accordance with the Data Protection Legislation.
  • At Search stage:
    • Match your requirements with vacancies on our database;
    • Provide you with details regarding the position we propose to put you forward for;
    • Confirm your interest in and suitability for a vacancy before passing Your Details to the relevant Client.
  • At Introduction stage:
    • Pass Your Details to relevant Client(s);
    • Arrange for you to attend an interview;
    • Inform you of the outcome of your interview.
  • If you are offered an Engagement or Assignment:
    • Confirm our offer (for an Assignment) or the Client’s offer (for an Engagement) to you;
    • Clarify any questions you might have;
    • Obtain your acceptance of that offer;
    • If your Engagement or Assignment requires you to gain security clearance or undertake a criminal background check, and / or financial credit check, we will conduct these checks only where we have obtained your prior written explicit consent. Please note that if you fail to undertake these checks and / or the result of the checks renders you unsuitable for the Assignment or Engagement, it may result in the withdrawal of our or the Client’s offer.
  • At Placement stage:
    • If you will be performing a temporary Assignment, we will send you your contract and any other relevant documentation that you will need for the Assignment; 
    • If your Engagement is directly with the Client, the Client will send you your contract and any other relevant documentation.

• YOUR OBLIGATIONS

You agree to do the following

• At Registration stage:
  • Provide the Company with Your Details and ensure that they are complete and accurate as and when requested by your Recruitment Consultant;
  • Provide the Company with proof of your eligibility to work in the UK (see also clause 8 below);
  • Provide the Company with names and contact details of at least 2 professional referees or as otherwise requested by your Recruitment Consultant. You may be required at the offer stage to provide additional references in accordance with the relevant Client’s requirements;
  • Inform the Company of the type of work you are looking for;
  • Provide the Company with copies of any qualifications, licences or authorisations relevant to the type of work you are looking for.
  • At Search stage:
    • Give the Company permission to pass your Details to those Clients whose vacancies you are interested in;
    • Provide the Company with any additional documentation we or the Client may require in order for you to be considered for the vacancy.
  • At Introduction stage:
    • Attend any interviews your Recruitment Consultant may, with your agreement, arrange for you.
  • If you are offered an Engagement or Assignment:
    • Confirm if you are willing to accept the Engagement or Assignment offered;
    • For Assignments, provide us with a valid Opt-Out notification (if applicable and if you wish to Opt-Out);
    •  Provide any other vetting or compliance-related documents we or the Client requests from you;
    • If applicable, complete and return any Client-specific documentation.
  • At Placement stage:
    • Commence Your Services on the date and time agreed.

• ELIGIBILITY TO WORK IN THE UK
  • The Company cannot arrange for an Assignment or Engagement unless you have provided proof of your eligibility to work in the UK.
  • The Company is obliged to establish eligibility to work in the UK for all its work-seekers, regardless of nationality and including those holding British nationality.

• ENGAGEMENTS AND ASSIGNMENTS
  • The Company will seek to match your requirements with vacancies on its own database. The Company will match your requirements with both permanent and temporary vacancies unless you indicate otherwise. The Company will identify possible vacancies in accordance with your preferred type of work as you will have indicated upon  your registration with the Company or as a result of your discussions with your Recruitment Consultant.
  • If we Introduce you to a Client who Engages you directly, your contract will be agreed directly with the Client, and you (or your Limited Company) will be paid by the Client. Full details of your Engagement will be confirmed to you at offer stage.
  • If we offer to engage you (or your Limited Company) for a temporary Assignment in our capacity as an employment business, you (or, as appropriate, your Limited Company) will be engaged by the Company under a contract for services. We will pay you or your Limited Company as appropriate for Your Services. Full details of your Assignment will be confirmed to you before the start of any Assignment and provided to you in writing in an Assignment Schedule.
  • In accordance with Regulation 15(d)(ii) of the Conduct Regulations, we guarantee that the minimum rate of pay you can expect to receive shall be at least equal to the national minimum wage or living wage as applicable at the time of the Assignment. The actual rate of pay we will be able to secure for you for each Assignment will vary, and will be confirmed in the relevant Assignment Schedule. We shall advise you of the rate applicable to each Assignment as soon as it is known to us, and to confirm it in the relevant Assignment Schedule.
  • Should you accept an offer of an Assignment, details regarding pay and payment intervals will be confirmed to you in the Assignment Schedule.
  • For the avoidance of doubt, you will not be considered to be an employee of either the Company or its Client while working on an Assignment.

1. DATA PROTECTION
   1. We take our data protection obligations very seriously and always act in accordance with our obligations under the Data Protection Legislation.
   1. To provide you with Our Services, we need to collect, use, process and store your Personal Data.
   1. We will also need to share your Personal Data both internally as well as externally with other organisations such as Clients and third parties who provide us with support services.
   1. To understand how we have obtained your Personal Data, the legal bases which we rely on to process your Personal Data, the types of Personal Data we process, why we process your Personal Data, and for how long we retain your Personal Data, please see our privacy notice, available on our website.  
   1. Under the Data Protection Legislation, you have a number of rights with respect to your Personal Data and we have outlined these for you in our privacy notice. If you have any queries or intend to rely on any of your rights, please contact us by emailing info@siskogroup.com.
   1. If you no longer require Our Services and would like us to remove Your Details from our database, you can do so at any time by emailing us at info@siskogroup.com. Please note that we are legally required to retain some Personal Data therefore we may not always be able to remove all of Your Details from our database, however we will advise you of the reasons in such an event.