8.1 The Client will not without prior written consent of the Business, either during an Assignment or throughout a 13 week period following the First Assignment (defined below) or within 8 weeks of the end of the last Assignment, whether directly or indirectly, and whether by or itself through or for the benefit of any firm or company:
(a) introduce the relevant Temporary Staff Member to another employment agency, employment business or other competitor of the Business.
(b) introduce the relevant Temporary Staff Member to another employer who subsequently interviews with a view to engaging (and/or engages) the relevant Temporary staff Member whether as an employee, consultant, partner, agent or otherwise.
A “First Assignment” is an unbroken Assignment with the Client/hirer. Where there has been a gap of more than 42 days following the end of the previous Assignment, a new First Assignment will be created.
8.2 In the event of a breach by the Client of clause 8.1 above, the Client shall be liable, at the Business’s discretion for either:-
(a) A liquidated damages sum in respect of each relevant Temporary Staff Member equal to the Relevant Percentage of the annual commencing gross taxable remuneration (and emoluments) payable to such Temporary Staff Member by his/her new employer or, if such sum is not readily ascertainable.
(b) A sum equal to the Assignment being extended for a period of up to 14 weeks on the same terms as those used preceding the breach.
8.3 If a Temporary Staff Member is introduced to a Client but such introduction does not result in the supply of the Temporary Staff Member but does, within 6 months from the date of the introduction, lead to the Client, either directly or indirectly, or following an introduction to the Client from another employment business, engaging (directly or indirectly) the Temporary Staff Member then the client will be liable for a fee equal to the Relevant Percentage of the annual commencing gross taxable remuneration (and emoluments) payable to such Temporary Staff Member by his/her new employer. The Relevant Percentage for the purpose of this clause 8.3 is 12% if the relevant annual remuneration is up to £9,999, 20.5% if the relevant annual remuneration is between £10,000 and £14,999, 25% if the relevant annual remuneration is between £15,000 and £19,999 and 35% if the relevant remuneration is above £20,000.
8.4 The Client will not at any time whether before or after the termination of this agreement do or say anything which is harmful to the reputation of the Business or which may lead any person to cease to deal with the Business on substantially equivalent terms to those previously offered or at all.
8.5 Standard Permanent Placement Fees in where our client and Mango Solutions Recruitment have agreed a fee : The Relevant Percentage for the purpose of these clauses are as follows;
If the Annual remuneration is up to £9,999.99 the percentage Charged to our client is 10%
If the Annual remuneration is between £10,000 and £14,999.99 the percentage charged to our client is 17.5%
If the Annual remuneration is between £15,000 and £19.999.99 the percentage charged to our client is 20%
If the Annual remuneration is above £20,000 the percentage charged to our client is 23%
Any permanent placement fees that are agreed outside of our terms of business will be signed by our client on our “ Notice of Permanent Placement Agreement” .
Termination of a Permanent Placement and Rebate Structure
8.6 In the event of a Candidate terminating or the Client lawfully terminating an Engagement within 12 weeks of the date upon which such Candidate commenced work for the Client and provided that:
8.6.1 all moneys due hereunder have been paid by the Client in accordance with the 14 day payment terms
8.6.2 such termination is not as a result of redundancy, pregnancy, injury or ill-health or by reason of the Candidate’s race, sex or any disability;
8.6.3 such termination has not arisen where the Client has entered into the Engagement with the prior or likely intention of disposing with the Candidate’s services or terminating employment either without proper cause or with a view to obtaining a refund unfairly;
8.6.4 the Client serves notice on Mango Solutions Recruitment Ltd in writing at its registered office of the termination of the Engagement within 7 days thereof; and
8.6.5 neither the Client nor any subsidiary, associated or holding company of the Client shall commence Engagement of the Candidate within 12 months from the date of the termination of the Engagement;
then the Client shall receive a rebate calculated in accordance with clause 5.2. Under no circumstances will any expenses be refunded.
5.2 Subject to the provisions of clauses 5.3, 5.4 and 5.5 the rebate shall be an amount calculated as a percentage of the introduction fee (net of VAT) in accordance with the following scale:
- if termination occurs in the first to second week after engagement 100%
- if termination occurs in the third to forth weekafter Engagement 80%
- if termination occurs in the fifth to sixth week after Engagement 60%
- if termination occurs in the seventh to eight week after Engagement 40%
- if termination occurs in the ninth to tenth week after Engagement 20%
- if termination occurs in eleventh to twelfth week after engagement 10%
In each case less an administration charge of £150 exclusive of VAT
5.3 No rebate shall be payable by Mango Solutions Recruitment in the event of failure by the Client to adhere to the time limits provided for in clause 8.6.1 above.
5.4 No rebate shall be made in respect of an Engagement where the Candidate was previously engaged in any capacity by the Client through Mango Solutions Recruitment Ltd
5.5 The rebate shall be repayable in full where the Client subsequently re-engages the Candidate in any capacity.
5.6 Any Rebate that is due is subject to our company administrative fee of £150.00