Service Level Agreement for the Introduction of Permanent and/or Fixed Term Contract Staff

Transcription

1 Service Level Agreement for the Introduction of Permanent and/or Fixed Term Contract Staff

2 TABLE OF CONTENTS: 1. INTRODUCTION DEFINITIONS EXPECTED SERVICES AND RESPONSIBILITIES INTRODUCTION OF CANDIDATES Introductions defined Sourcing candidates Submitting applications Interviews NOTIFICATION, FEES AND INVOICES REBATE GUARANTEES ENQUIRIES AND ON-GOING COMMUNICATION Contact with CLIC Sargent s HR Department Contact with the line managers Contact with candidates Addressing concerns PERIODIC REVIEWS EQUAL OPPORTUNITIES AND DATA PROTECTION CONFIDENTIALITY AND ADVERTISING

3 1. INTRODUCTION This Service Level Agreement defines the working relationship between: CLIC Sargent s HR Department Horatio House Fulham Palace Road London W6 8JA And Agency Name Address Address Post code Service Scope: Recruitment Areas: Length of Agreement: Introduction of Permanent and Fixed-Term Staff Department (Please specify the areas of service that your agency covers) 12 months The Objectives of this Agreement are to: 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 May 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 source candidates for CLIC Sargent. Recruitment consultants that submit candidate documentation to CLIC Sargent will be deemed to have read and accepted these terms. 2. DEFINITIONS The following definitions apply in this Service Level Agreement: Candidate means the person introduced by the Recruitment Agency to CLIC Sargent for consideration for Employment; Fixed-Term means for a period of Employment of less than 12 months; 2

4 Charity & Us means CLIC Sargent, Horatio House, Fulham Palace Road, London W6 8JA, Charity registered in England (No ) and in Scotland (No. SC039857) to which the Candidate is introduced; 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; Employment means the engagement of the Candidate by CLIC Sargent under a contract of service; Introduction means (i) the passing to CLIC Sargent of an application or other supplementary information which identifies the Candidate or (ii) CLIC Sargent s interview of a Candidate (in person, by phone or by any other means), following CLIC Sargent s instruction to the Agency to search for a Candidate: and in either case which leads to an accepted offer of Employment of the Candidate. Introduction fee means the fee payable by CLIC Sargent to the Agency for an introduction resulting in an accepted offer of employment by the Candidate. Remuneration means the basic gross annual salary payable to the Candidate 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; CLIC Sargent s Agency Portal (CSAP) means the web-based recruitment platform that will be used by CLIC Sargent to inform the Agency of vacancies that will require the Agency s support to recruit. The agency will be required to submit applications and other supplementary information on behalf of their Candidate via CSAP. 3. EXPECTED SERVICES AND RESPONSIBILITIES The Agency is expected: On request from CLIC Sargent s HR department or by the recruiting manager, to source and introduce to the charity suitable qualified candidates via CSAP within the specified timeframe. To identify and pre-screen candidates in accordance with the selection criteria as stated in the job description and person specification provided by CLIC Sargent. To meet all the legal provisions with regards to the Equality Act To meet with candidates prior to submitting their application and other requisite documentation, to check that they are happy for their details to be submitted to CLIC Sargent and to verify and be liable for the Candidate s eligibility to work in UK. To ensure all candidates fully complete CLIC Sargent s application form prior to submission by the Agency via CSAP. To ensure all suitable candidates complete the Rehabilitation of Offender s declaration and Equal Opportunities Monitoring Form prior to submission by the Agency via CSAP. To ensure all completed forms and other requisite documentation are submitted via CSAP by the closing date. To communicate CLIC Sargent s shortlisting timelines (1 week) to all submitted candidates. 3

5 To inform shortlisted candidates of the time, date, and any other relevant information prior to the interview. To prepare shortlisted candidates for interviews. Upon request, to provide advice to the charity on matters related to sector salaries, role content, and labour market trends where possible. To adhere to CLIC Sargent s values. To adhere to CLIC Sargent s recruitment processes as outlined in the SLA and communicated via CLIC Sargent HR. CLIC Sargent is expected: If Recruitment Agencies are to be used for sourcing candidates, to notify the Agency as soon as possible via CSAP when an approved vacancy arises. To provide sufficient information on the vacancy and what CLIC Sargent are looking for (usually with a job description and person specification) via CSAP and in good time. To answer any queries the Agency may have in relation to the vacancy. To inform the Agency of the selection process (where applicable) and state if any tests are involved. To notify the Agency immediately of any offer made to a Candidate. To provide feedback via the recruiting manager on unsuccessful candidates following interview. To inform the Agency when the vacancy has been filled within a week of acceptance of a written offer. To pay the Introduction fee to be calculated in accordance with the provision of the section 5 of this SLA within 30 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. 4. INTRODUCTION OF CANDIDATES 4.1 Introductions defined When CLIC Sargent invites the Agency to submit candidates for an approved vacancy, and if an offer is made to a submitted candidate and accepted, this will constitute an Introduction. Only applications submitted via CSAP will be considered as a formal Introduction. Applications submitted directly to line managers will not constitute an Introduction unless previously specified by HR. If CLIC Sargent receives an application for an approved vacancy directly from the Candidate prior to receiving details of the same Candidate from any recruitment agent or other source, CLIC Sargent will consider the direct approach from the Candidate in preference. If CLIC Sargent receives an application in respect of the same Candidate from more than one Recruitment Agency or other source, CLIC Sargent will accept the Candidate from whichever source submitted the application first, provided that it was sent with the Candidate s prior consent and it was submitted in the specified manner (usually via CSAP). If it is not easily identifiable which source first introduced the Candidate, it will be the Candidate s choice as to which Recruitment Agency or other source they wish to represent them. Notwithstanding the above, if any dispute arises between any Recruitment Agencies or other source as to which of them first introduced a particular Candidate, CLIC Sargent will expect the parties concerned to resolve the issue between them. 4

6 4.2 Sourcing candidates CLIC Sargent s standard recruitment process is to advertise all vacancies externally in the first instance for a minimum period of time (known as the advertising period). Recruitment agencies will normally only be requested to assist in sourcing candidates when a vacancy has not been filled through this standard process. There may be occasions when an agency is notified of a vacancy during the advertising period. This will normally be for vacancies that have proved difficult to recruit to in the past and/or where there is concern that the standard process will not elicit suitable candidates. In such circumstances, the Agency may be requested to source and submit candidates applications via CSAP. However, these applications will not be considered until shortlisting for non-agency candidates has been completed and interviews (if any) are conducted. CLIC Sargent will advise the Agency of any processes in progress when notifying the Agency of a vacancy. 4.3 Submitting applications When an Agency is required to source and candidates, the Agency will receive via a job alert with some basic details of the role and the link to access CSAP for further information. A job description, person specification, and the closing date for applications will be provided via CSAP. The Agency will normally be given 1-2 weeks to source candidates. For safeguarding purposes and the protection of children and vulnerable adults, CLIC Sargent will normally require all candidates for all positions to complete an application form. The standard application form will be sent to the Agency once this SLA is in place. Candidates must complete this form in full along with the Rehabilitation of Offender s declaration and Equal Opportunities Monitoring form. The Agency will submit the application on behalf of the Candidate via CSAP. The Agency should not submit any speculative CV or/and application forms unless specifically asked to source candidates for an approved vacancy. 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 vacancy before submitting their CV or other application documentation to CLIC Sargent. The Agency will only forward Candidates who have a verified right to work in the UK. They must be able to support this with the operating legally acceptable evidence obtained at the point of submitting the candidate 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 person specification. 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 and credentials which CLIC Sargent considers necessary or which are required by law or by any professional body for the relevant vacancy. The Agency will provide the details of at least two referees of the candidates via CSAP. CLIC Sargent accepts responsibility for obtaining references and will carry out reasonable preemployment checks (in addition to those carried out by the Agency) for all appointments once an offer of Employment has been made and verbally accepted. All applications and associated documents must be submitted via CSAP by the closing date for logging/tracking purposes and to ensure conflicts between recruitment agencies are minimised. 5

7 4.4 Interviews The Agency will be notified when a Candidate has been shortlisted for interview. The Agency should contact the recruiting 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. NOTIFICATION, FEES AND INVOICES CLIC Sargent agrees to notify the Agency immediately of any offer made to employ a Candidate, and to provide details of the Remuneration to the Agency. CLIC Sargent agrees to pay the Introduction 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 Candidate accepts a final confirmed offer of Employment, after which the Agency will be entitled to render an invoice to CLIC Sargent for its fees. The fee payable to the Agency by CLIC Sargent for an Introduction resulting in Employment of a Candidate is the amount equal to [please enter]% 1 of the Remuneration applicable for the individual during the first 12 months of the Employment. If part time the pro rata Remuneration. VAT can be charged on the fee if applicable. 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) 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 Applicant 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 at the point of the original 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. 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 (the unique reference number for the vacancy, available via CSAP) and the relevant Cost Code (available from CLIC Sargent HR). Invoices should be sent only when an offer of Employment has been accepted, and should be sent to: finance@clicsargent.co.uk 1 This must be no more than 15%. 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. 6

8 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 If a Candidate does not commence employment with CLIC Sargent the Agency will payback 100% of the Introduction fee if payment has been made. If a Candidate(i)leaves, (ii)is dismissed or (iii) Employment is otherwise terminated within four 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: 100% of the Introduction fee if the candidate is employed 1-4 weeks 75% of the Introduction fee if the candidate is employed 4-8 weeks 50% of the Introduction fee if the candidate is employed 8-12 weeks 25% of the Introduction fee if the candidate is employed 12-16weeks. The date of termination of the Employment shall be the date on which the Candidate 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 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 account manager will be provided with a username and password to access CSAP. It is the responsibility of the account manager to notify their relevant colleagues of any vacancy that may arise in CLIC Sargent requiring the services of the Agency. 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 The Agency agrees not to contact recruiting managers directly prior to the shortlisting stage unless the Agency needs a more detailed brief on a specific vacancy. CLIC Sargent s recruiting managers will be responsible for informing the Agency if the Agency Candidate/s were successful in obtaining an interview, arranging a date for the interview and providing further details about the interview process. Recruiting managers at CLIC Sargent will be directly responsible for providing feedback to shortlisted candidates where requested. In the event that recruiting managers are taking longer than expected to shortlist candidates and/or have not provided feedback within the agreed timeframe, consultants should inform HR who will take appropriate action. 7

9 7.3 Contact with candidates CLIC Sargent considers follow-up contact between recruitment consultants and their placed Candidate at CLIC Sargent within three months of joining and settling in to be a good practice. A further approach to the Candidate by the Agency (other than for agreed customer care purposes) will be deemed inappropriate conduct if within two years of the Candidate s start date at CLIC Sargent. The Agency agrees not to use any of CLIC Sargent s business facilities (such as phone, ) to approach the Charity s employees with other job opportunities. 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 The overall effectiveness and relevance of this Agreement will be monitored and reviewed periodically by the HR team and relevant recruiting managers. If deemed necessary, CLIC Sargent s HR 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 EQUAL OPPORTUNITIES AND DATA PROTECTION CLIC Sargent requires all recruitment consultants to comply with the operating equal opportunities and discrimination legislation. The Agency will not commit any act or omission constituting unlawful discrimination or harassment of any Candidate. 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 be liable for all acts and omissions of its staff. The Agency is required to comply with current legislation (including without limitation the Data Protection Act 1998) in their handling of Candidate s details. The Agency will be liable for all acts and omissions of its staff and associated costs of access to personal data. 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. 8

10 10. CONFIDENTIALITY AND ADVERTISING The Agency hereby undertakes that any Candidate 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 vacancy 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 Signed Name Name. Job Title Job Title Date.. Date... 9