UK Candidate Assignment Information
In accordance with our obligations under the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the “Conduct Regulations”), before NES Fircroft provide any services to you, we are required to provide you with information about our work seeking services and important details about your relationship with us. Therefore, to support your work seeking journey with us, please find below links to important documentation for your review and, where indicated, acceptance.
STANDARD TERMS FOR WORK SEEKERS |
These terms would constitute a registration with our business and outline what NES Fircroft, as a recruitment business and recruitment agency will provide to you as a work seeker. It is important that you review this document and confirm your acceptance.
Standard Terms for Work Seekers
Acceptance of these standard terms for work seekers are required before introduction to NES Fircroft clients.
CANDIDATE PRIVACY |
The information provided to NES Fircroft shall be used to provide work seeking services and where successful, to secure and support a placement with one of our clients. Whilst conducting these services, we will collect and use information about you; our Privacy Notice explains how the NES Fircroft business collect and use personal data.
KEY INFORMATION DOCUMENTS |
Specific to temporary assignments, a Key Information Document (“KID”) provides details about our relationship and demonstrates the type of deductions and benefits associated with an assignment such as details about pay, holiday entitlement and other benefits.
KID illustrations are provided for your review based on the following engagement types:
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PAYE - Pay As You Earn workers |
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Umbrella - Workers engaged through an Umbrella company |
Paystream Limited |
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CIS self-employed engaged through an Umbrella company |
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PSC - Workers who provide services through a Personal Service Company |
Subject to conditions of the role (IR35), youSubject to conditions of the role (IR35), you should consider the type of engagement most applicable to your services and refer to the appropriate KID. Please note these KID are indicative illustrations and you should discuss specific details of the assignment with your NES Fircroft representative. should consider the type of engagement most applicable to your services and refer to the appropriate KID. Please note these KID are indicative illustrations and you should discuss specific details of the assignment with your NES Fircroft representative.
UK TEMPORARY WORKERS
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The Conduct Regulations were introduced to provide agency workers with minimum standards they could expect from staffing solutions providers. These standards include requirements on payments, terms, charges, and the specific relationship between the worker and the agency.
Information on the Conduct Regulations can be obtained here.
As the Conduct Regulations are designed to principally apply to agency workers who are generally under the direction and control of the client, it is the view of NES Fircroft and many of its limited company contractors that where the contractor is genuinely in business on their own account, it is inconsistent for any assignment to be subject to the terms of the Conduct Regulations. However, workers are advised to take their own advice in relation to this and NES Fircroft confirm that an assignment contract is not conditional upon a worker agreeing to opt out of the Conduct Regulations. Regulation 32 covers the “Application of the Regulations to work-seekers which are incorporated” and Regulation 32 (9) provides for limited companies and those workers whose services they supply, to opt out of the Regulations.
To opt out of the conduct regulations, workers are to complete an NES Fircroft ‘Opt-Out Agreement’ defining the Limited Company and the worker conducting the services.
NES Fircroft Opt-Out Agreement (UK Agency Workers Only)
PAYE workers cannot opt out of the Conduct Regulations.
- An Opt-Out Agreement must be in place prior to any services being provided to the client; if this agreement is not made before this time, the opt-out could be deemed invalid.
- If you opt out, you can opt back in for subsequent assignments.
- If you opt-in, we will ask you if you want to exercise your right to opt-out prior to every contract extension or new assignment.
You should seek guidance on the Conduct Regulations and making your decision to opt out of the Conduct Regulations.
Completed Opt-Out Agreement forms must be returned to optout@nesfircroft.com
FURTHER INFORMATION |
http://www.legislation.gov.uk/uksi/2003/3319/contents/made
https://www.gov.uk/guidance/understanding-off-payroll-working-ir35