Candidate’s experience and/or qualifications and the Client’s job specification from the date of the Client’s notification to the Agency at no extra cost to the Client. A refund will only be valid provided that:
the Client notifies the Agency in writing within 7 days of the termination of Employment;
the Client allows the Agency to introduce a suitable replacement Candidate to the Client;
all payments due to the Agency under these terms and conditions have been made by the due date;
the Client has not failed to carry out any of its obligations under these terms and conditions and current employment legislation;
the Candidate did not leave due to a change in the job description or a change in the work location, or due to unreasonable working conditions;
the Placement did not fail as a result of unreasonable demands by the Client;
the Client has not requested that no replacement Candidate be sought
the Client has not found a new carer via another source after advising the Agency to look for a replacement Candidate;
the Client had paid the Candidate’s PAYE (a copy of all the Candidate’s pay slip within the first month of employment needs to be supplied to the Agency for proof);
the client has not varied the request for replacement from that of the original specification;
In the event that the Agency puts forward a Candidate (or Candidates) that it considers to be suitable by reference to the Candidate’s experience and/or qualifications and the Client’s job specification and the Client unreasonably fails to offer the Candidate a position on the same terms as the previous Candidate’s terms, then the Agency shall be under no further obligation to offer further replacements or a refund of the Introductory fee.
If the Client finds the Candidate unsuitable yet retains the Candidate in their employ the Client is liable to pay the full Agency fee and the Agency will offer no refund.
Whilst the Agency shall endeavour to find a replacement Candidate the Agency makes no guarantee that such a Candidate will be found.
The Client will no longer be eligible for a refund after the first Candidate has been replaced.
If the Engagement is lawfully terminated by the Client or Candidate within 8 eight weeks of the date of commencement of a permanent Placement or within the invoiced period of a temporary Placement and no suitable replacement Candidate can be found by the Agency, part of the fee paid by the Client to the Agency will be refunded, calculated in accordance with the following scale:
Permanent Placements if termination occurs within 2 weeks: 50% of the Agency fee if termination occurs within 4 weeks: 40% of the Agency fee if termination occurs within 6 weeks: 30% of the Agency fee if termination occurs within 8 weeks: 20% of the Agency fee
Where a Candidate for a temporary position leaves the Client’s employment within the invoiced period, a refund will be available for each complete week not worked if the agency cannot find a replacement.
A permanent Placement is deemed satisfactory after 8 weeks unless the Agency is notified to the contrary within the first 8 weeks from the start of the permanent Placement. No refund will be payable should a Candidates employment be terminated after 8 weeks.
A temporary Placement is deemed satisfactory after 2 days unless the Agency is notified to the contrary within the first 2 days from the start of the temporary Placement. No refund will be payable should a Candidates employment be terminated after 2 days.
No refund will be paid if a maternity Engagement is terminated before the conclusion of the agreed period of employment.
No refund or free replacement will be applicable if the Client has failed to honour a previously agreed start date, or has prevaricated over the date to such an extent that the Candidate has sought employment elsewhere. Document Reference: FNTC05/15 May 2010