RattrayParkin LTD Standard Terms of Business

Terms of Business for the Introduction of Permanent and Interim Staff



1. Definitions


In this agreement:


“Consultancy”     Means RattrayParkin Ltd T/A RattrayParkin Financial Recruitment Solutions, RP Tech Recruitment Solutions and RP Analytics Recruitment Solutions


“Client”     Means any person, firm or legal entity as defined by the 1985 Companies Act to whom the Applicant is introduced


“Applicant”     Means the person introduced to the Client by the Consultancy.


“Engage(d),engagement etc”     Means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, under a contract of service or a contract for services, agency, licence or otherwise (for the avoidance of doubt including those occasions where the Applicant’s services are provided through a limited company of which the Applicant is an officer or employee).


“Introduction”     Means those circumstances where the Client interviews an Applicant following instructions to the Consultancy to find a suitable Applicant; or any circumstances where the Consultancy’s communication to the Client of the Applicant’s CV/details leads to an engagement of that Applicant.


2. Contract


The arrangement of an interview by the Consultancy for an Applicant on behalf of the Client is deemed acceptance of these terms of business.


Any variation to these terms of business must be in writing, dated and duly signed by a Director, Senior Manager or Partner of the Consultancy.


3. Fees


Payment Terms - the Client agrees to notify the Consultancy immediately of any offer of employment made to the Applicant and to pay the Consultancy’s fees within 10 days of the date of invoice (time being of the essence). The Consultancy reserves the right to charge interest at the rate applicable from time to time in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 on all overdue accounts.


The Client will provide the Consultancy with information including evidence the Consultancy reasonably requests to confirm the Applicant’s remuneration package. The remuneration package is calculated including any benefits payable to or in respect of the Applicant in respect of the first 12 months including bonuses, commissions, profit share, car allowances etc. and any other taxable benefit. Should a motor vehicle be provided to the Applicant this is deemed to have an annual value of £7,500 for this purpose.


Except in those circumstances regarding third party engagements (see below) or retained assignments no fee is payable until the Applicant commences employment with the Client.



Fee schedule


Contingent Assignments:


Remuneration package         Fees


Up to £49,999            25%

Above £50,000            30%


Retained Assignments:

Upon the Consultancy entering into a retained assignment or advertised selection assignment with the Client then fees will be charged on the following basis:-


  • 1/3 of the agreed fee based on the agreed notional remuneration package on retention plus advertising costs if applicable 
  • 1/3 of the agreed fee on shortlist presentation to the Client
  • 1/3 of the agreed fee on the engagement of any Applicant by the Client.


The final invoice will be based on the actual salary package accepted by the Applicant multiplied by the agreed fee less monies already paid.


Additional expenses such as travelling, accommodation, psychometric assessment etc. incurred by either the Consultancy or the Applicant shall be paid within 10 days of the invoice date.


In the event that the Client cancels such an assignment for any reason whatsoever then the Client shall pay the Consultancy the full fee based on the notional salary package agreed at the commencement of the assignment within 10 days.


Fixed term contract fees


In the event that the Client employs an Applicant on a fixed term contract then the fees charged shall be a percentage of the permanent fee and are due within 10 days of the invoice date:-


Up to 13 weeks         40% of the permanent fee

13 to 26 weeks         60%           “ “ “

27 to 39 weeks         80%           “ “ “

40 weeks plus         100%         “ “ “


If the contract is further extended then further fees are due as per the above table.


The Client agrees that when employing an Applicant on a fixed term contract or an extension to that contract there will be a minimum charge of 13 weeks.


In the event that following a fixed term contract the Client offers the Applicant a permanent role then a further fee is payable based on the permanent fee schedule less fees already paid. No rebate applies in this instance as the suitability of the Applicant will deemed to be accepted.


4. Rebates


Should the Client terminate the employment of the Applicant for any valid reason within 56 days of the Applicant commencing employment then the Consultancy will endeavour to find another Applicant free of charge. If the Consultancy is able to find such an Applicant then no further charge will be made for the introduction and work in respect of that other Applicant as long as (a) – (c) below are met. If the Consultancy is unable to find another Applicant then fees will be rebated on the following scale.


Termination of employment within:-     



14 days                 100%

28 days                 75%

42 days                 50%

56 days                 25%


The Conditions (a) –(c) are:


(a) That the Applicant was dismissed for good cause; and the reason for dismissal was not redundancy or a change in your requirements or the job description provided to the Consultancy;

(b) The Consultancy has received written notice of the dismissal within 5 days of the dismissal

(c) All your duties and obligations have been complied with under this agreement including the duty to pay the Consultancy’s fee on time whether in relation to that or any other Applicant introduced by the Consultancy.


5. Third party engagements


The Client is reminded that all Applicant introductions by the Consultancy are confidential. If the Client should disclose details of any Applicant submitted to the Client by the Consultancy to a third party which leads to the engagement of that Applicant by that third party within a period of 12 months of the introduction, the Client is liable to pay the Consultancy’s fees as set out in the first table above with no refund or rebate.


6. General


In order to assist the Client to find suitable Applicants the Consultancy will review its extensive database of Applicants in order to identify potential Applicants.


The Consultancy will make all reasonable endeavours to ensure the suitability of any Applicant by confirming the Applicant’s identity, whether that Applicant has the necessary experience, training and qualifications/authorisations which the Client considers necessary or which, may be required by either law or the regulations of a professional body. The Consultancy will also ensure the Applicant is willing to consider the position being recruited.


When the Applicant is introduced to the Client, the Consultancy shall inform the Client of the information the Consultancy has obtained in relation to the Applicant’s identity, training, experience and qualifications which is described in the paragraph above. This information (ideally by paper or electronic means) will be provided as soon as possible but no later than the third business day (that is excluding the weekend and any public holiday) after the introduction. In a case where the Consultancy introduces an Applicant to the Client who has worked with the Client in the same position within the previous five business days the Consultancy will not provide the information again unless that information has changed or that the Client requests the Consultancy to do so.


The Consultancy will use all reasonable efforts endeavour to ensure the suitability of any Applicant submitted to the Client as detailed above and that it would not be detrimental to the Client or the Applicant for the Applicant to work in the position that the Client is seeking to fill.


Notwithstanding the information that the Consultancy will provide, it is the Clients responsibility to satisfy itself that the Applicant is suitable for the position being recruited and to take up any references the Applicant has provided prior to engaging the Applicant. The Client will be responsible for obtaining any permissions such as work permits, medical examinations or any other legal requirement in force at that time for the Applicant and satisfy itself as to the validity of any educational and professional qualifications the Applicant holds or may claim to hold.


To enable the Consultancy to comply with providing the Client with the best information as regards an Applicant’s suitability, the Client undertakes to provide the Consultancy with details of;


(a) The position being recruited;

(b) The type of work the Applicant will be required to do;

(c) The location and hours of work;

(d) The experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or a professional body for the Applicant to possess in order to fill the position;

(e) Any risks to the Applicant’s health and safety known to the Client and what the Client has done to prevent or control those risks.


The Client will also provide details of the date the Applicant should ideally commence work, the minimum rate of remuneration (and the intervals at which it would be paid), any benefits that would be offered and the length of notice the Applicant would be entitled to (both to give and to receive) to terminate employment with you the Client.


For interim or contract assignments the Consultancy will also reasonably endeavour to provide two references from people unrelated to the Applicant who have agreed to disclosure of those references to the Client and to take all reasonable steps to ensure the Applicant is suitable for the position. If the Consultancy is unable to do this the Consultancy will inform the Client of the steps the Consultancy has taken to obtain this information.


7. Miscellaneous


The Consultancy shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct or otherwise) which may be suffered or incurred by the Client arising from or connected with the Consultancy’s search for an Applicant for the Client or an introduction by the Consultancy to the Client or as the case may be our failure to introduce an Applicant to the Client. For the avoidance of doubt, this does not include the Consultancy’s liability for death or personal injury arising from our negligence.


This agreement is subject to English law and the exclusive jurisdiction of the English courts.



8. Data Protection


The Consultancy complies with the Data Protection Act, GDPR, Employment Rights Act and other associated legislation. Details of our Privacy Policy and Candidate Agreements can be found on our website or by request to rob@rattrayparkin.com. 


These terms of business must be accompanied by a signed Data Sharing Agreement before any personal data can be shared with the Client. If you have not yet received this please request it from your contact at the Consultancy.