Introduction
The Conduct of Employment Agencies and Employment Businesses Regulations Act 2003 asks B2E Consulting (“B2E”, “Us”, “We”) to have an agreed set of General Policies and Terms of Use in place, before we introduce you (“the Work-Seeker”) to a Client (“Hirer”). This is to safeguard you against malpractice, and it is important that you read and agree with how we operate.
These General Policies and Terms of Use will apply from the time of your registration with us even if you have not signed them and, for the avoidance of doubt, the General Policies and Terms of Use shall not give rise to a contract of employment between B2E and the Work-Seeker.
B2E is prepared to seek work for you solely on the basis set out in these General Policies and Terms of Use.
B2E Consulting General Policies and Terms of Use
1. General
1.1 B2E Consulting will work as an Employment Business unless otherwise stated.
1.2 B2E Consulting will provide work seeking services to Work-Seekers registered with B2E and whose details are on B2E’s database.
1.3 B2E is not obliged to offer an assignment to the Work-Seeker and the Work-Seeker shall not be obliged to accept any assignment offered by B2E.
1.4 B2E Consulting is committed to being an equal opportunities company. If the Work-Seeker has any disabilities that will potentially hinder their application, they agree to let B2E know, in advance, of any reasonable adjustment sought.
1.5 B2E will process personal data and sensitive personal data (also known as special categories of personal data) relating to you in accordance with: (i) Retained (EU) Regulations 2016/679, UK General Protection (UK GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018 (Data Protection Legislation). This information is used for registration and will subsequently be used to notify the Work-Seeker of other potential projects and business opportunities. This consent can be withdrawn at any time (see Data Privacy Policy).
1.6 If the Work-Seeker is successful in being selected for an assignment and the assignment is deemed inside IR35, the Work-Seeker agrees to operate via B2E’s choice of either a Fixed Term employment contract with B2E Consulting or as a Temporary Agency Worker. If the Client agrees, the Work-Seeker may work from within an Umbrella Company if the Work-Seeker prefers.
1.7 If the Work-Seeker is successful in being selected for an assignment and the assignment is deemed outside IR35, the Work-Seeker agrees to operate through their own Limited Company operating as a Personal Services Company (PSC), or if the Client agrees and the Work-Seeker prefers, from within an Umbrella Company.
1.8 If a Work-Seeker is offered an assignment operating through a Limited Company or an Umbrella company, then it will be under a Contract for Services, with associated terms and conditions (please request our Standard Terms and Conditions).
1.9 If a Work-Seeker is offered a Fixed Term contract with B2E, then it will be under a Contract for Employment with associated terms and conditions (please request our FTC Terms and Conditions).
1.10 If a Work-Seeker is offered a Temporary Agency Worker contract with B2E, then it will be under a Contract for Services with associated terms and conditions (please request our TAW Agreement).
2. Prior to Introduction to the Client
2.1 The Work-Seeker agrees that, where specifically agreed, B2E Consulting may share his/her CV (anonymised to exclude contact details) with potential Clients or Hirers.
2.2 The Work-Seeker agrees that, where specifically agreed, B2E Consulting may act on his/her behalf and enter into agreements with potential Clients or Hirers to facilitate work-finding services. However, B2E offers no guarantees that when a Work-Seeker is informed of an opportunity, that the client will make an offer of an Assignment.
2.3 B2E does not guarantee that any work will be found and B2E does not accept any liability if we do not locate any work for the Work-Seeker, nor does B2E guarantee that any work found will be suitable for the Work-Seeker.
2.4 The Work-Seeker recognises that a Client may withdraw an opportunity at any time before an engagement, and whilst B2E endeavours to obtain accurate information from a Client, whether as to a role, duration, nature of work or otherwise, we cannot guarantee its accuracy.
2.5 B2E may remove the Work-Seekers registration details from B2E’s database at any time.
2.6 The minimum rate of pay that B2E reasonably expects to achieve for the Work-Seeker will be no less than the National Minimum wage per hour.
3. Work-Seekers Obligations
3.1 You agree to provide us with a full and accurate summary of your personal employment history, proper evidence of your entitlement to work in the United Kingdom and evidence of any qualifications, such as certificates or diplomas. B2E is unable to sponsor any visa applications.
3.2 You agree to provide us with any information we reasonably request which is relevant to the decision of a Client to engage you. We may request details relating to your health where this may affect your ability to perform tasks which are intrinsic to the role. Where we do request this, you agree to provide us with your medical report and/or occupational health report and B2E and a relevant third party being given access to your medical report and occupational health report so that they can review your medical history as part of their examination. We may also request details of any criminal convictions in accordance with our statutory obligations.
3.3 You agree to inform B2E of any complaint made against you that is relevant to your professional competence or conduct.
3.4 You agree to notify B2E immediately of any change in any of the information that you have provided to B2E at any time.
3.5 You agree to our retention and use of all information and documents we obtain, either from you or from any other party relating to you for the purpose of both our work finding services and our statutory obligations.
3.6 You agree to the provisions of such information and documentation to a Client and relevant use by the Client. You may withdraw your consent by notice in writing to us at any time.
4. If a Work-Seeker is supplied by B2E to a client
4.1 The Work-Seeker agrees to provide professional references, from persons not related to the Work-Seeker, to cover the previous 2-5 years of activity/employment (depending on client requirements), and agrees that B2E Consulting may disclose or provide copies of these references to a 3rd party at a time agreed with the Work-Seeker.
4.2 If relevant, the Work-Seeker agrees to provide information about the Limited Company or Umbrella Company that they will work though (including but not limited to name, registered address, companies house registration number, VAT registration number (where applicable), Professional Indemnity and Public Liability insurance details).
4.3 The Work-Seeker agrees to undergo identify checking and if the Work-Seeker is entering into a Fixed Term Contract with B2E Consulting, they agree to provide their P45.
4.4 The Work-Seeker agrees to give B2E confirmation (and where necessary copies or evidence of) any training, qualifications or authorisation considered necessary by the Hirer, or required by law, to undertake the work that they are supplied to complete.
4.5 The Work-Seeker agrees to undergo any additional checks that the client may require. Typically, this will include (but is not limited to) a criminal record check and a credit check.
4.6 The Work-Seeker whom B2E Consulting supplies must provide B2E with a correctly authorised timesheet or verification of the execution of consultancy services for payment. In addition, for those operating through a PSC or an Umbrella company, they must provide B2E with an invoice.
4.7 Subject to 4.6 above, B2E will pay those Work-Seekers it supplies for work completed, regardless of receipt of payment from the end client or Hirer.
4.8 Remuneration will be paid monthly in arrears, subject to 4.6 above. For example, days worked in May would be paid at the end of June.
4.9 Where the assignment is deemed Inside IR35, the Work-Seeker will be entitled to be paid in respect to their holiday entitlement, which will be no less that that provided for in the Working Time Regulations 1998. However, Work-Seekers are not provided any paid days holiday; all B2E Consulting rates include an allowance for personal holiday time (this is called “Rolled Up” holiday pay).
5. Declaration
5.1 The Work-Seeker is not an employee of B2E unless they have signed a contract of employment, and is not entitled to the corresponding employment law rights.
5.2 The Work-Seeker agrees that they have not relied on any representations made by B2E that are not set out in these General Policies and Terms of Use.
5.3 The failure by B2E to enforce at any time any one or more of the terms of these General Policies and Terms of Use shall not be deemed a waiver of such rights or of the right to subsequently enforce the terms of these General Policies and Terms of Use.
5.4 If any provision of these General Policies and Terms of Use (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or unlawful, the other provisions shall remain in force.
5.5 If any invalid, unenforceable or unlawful provision would be valid, enforceable or lawful if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intent of the parties.
5.6 These General Policies and Terms of Use are governed by the laws of England & Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.