As a Recruiter active online, how should I present my T&Cs?

Posted on: September 19th, 2016

Every recruitment company has to consider its terms and conditions and the way it presents them to potential clients, especially where much of the search to find a recruiter is now done online and services are marketed and sold through your website. It can be jarring to see a friendly looking recruitment website, only to click to the terms and conditions and find heavily drafted “legalese”.

We find that more and more of our clients ask us for terms that are easy-to-read and that match their character: recruitment has been no exception.

Contracts drafted by lawyers are designed to protect clients against every eventuality which is why they can be such dense documents; however, it’s possible to retain that protection whilst presenting the same information in a more accessible way.

Recruitment agencies which supply temporary workers face even more challenges with preparing brief terms and conditions. The Agency Workers Regulations 2010 and The Conduct of Employment Agencies and Employment Businesses Regulations 2003 impose a number of specific obligations on employers and temporary worker agencies that need to be taken into account and included, such as:

  1. The method of calculation of your fee;
  2. Whether refunds or rebates are applicable in respect of charges;
  3. The potential for an agency worker to be entitled to a bonus;
  4. Not to supply a worker where there are professional qualification requirements for the role, without seeing evidence that the worker has those qualifications;
  5. Details of the procedure to be followed if a candidate introduced or supplied to the hirer proves unsatisfactory; and
  6. The entitlement of an agency worker to equal treatment in respect of pay and working conditions if they complete a 12 week qualifying period.

You may use standard terms and conditions provided by a precedent service. These are often lengthy, difficult to read and can scare off your potential clients as they have to wade through them to get to the key points. The terms and conditions for your clients also need to reflect the contracts with your temps to ensure the employment relationship is clear for a host of reasons, not least to clarify the tax position and the employees’ rights. Unnecessary and heavy drafting should be a thing of the past, along with lawyers charging by the word.

What is the top tip to give your potential clients the information they need, protect you and show your character?

Put the key terms that your client will want to see upfront in an easy-to-read way. This will help the client decide if you are the right one for them when choosing and placing candidates in their business. Information online can be given with clickable questions that drop down with answers to help clients choose the information they want to see without being overloaded with text.

So, what are the key points to tempt your potential client?

  1. Explain how your fees are calculated. Be sure to include both introduction fees and fees for temps where relevant.
  2. When your fees are due.
  3. Explain the relationship between the client and the workers. Think carefully about the relationship you want with your temps. It is best to make it clear whether the temps are employed permanently or during assignments by the recruiter or employed directly by the client.
  4. The fees and process if your client wants to employ a temp permanently.
  5. Make the above simple, accessible and easy-to-read!

For further information please contact Holly Cudbill, Employment Associate Solicitor in our specialist Recruitment sector team.