recruitment framework invitation to tender · recruitment framework june 2014 requirement our...

Recruitment Framework

Invitation to tender

1

Recruitment Framework June 2014

Table of contents

Specification 2

Introduction 2

Requirement 3

Aims 4

Criteria for Selection 4

Timetable 5

APPENDIX A – Rate card 5

APPENDIX B – Guidance on the completion of the Rate Card 6

APPENDIX C – Terms and Conditions of Contract for Services 10

APPENDIX D – Pre Qualification Questionaire template 21

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Specification

Introduction

The Legal Ombudsman is a new organisation, set up under the Legal Services

Act 2007, operating from the heart of Birmingham. We are independent of the

legal profession. People can come to us if they are unhappy with the service

provided by lawyers or others providing legal services and they have not been

able to sort the matter out with the lawyers themselves. Our aim is to provide a

complaint handling service that is fair, accessible, easy to use and which focuses

on resolving complaints informally and quickly.

We deal with a wide and diverse range of people, sometimes in complex or

challenging circumstances. We want to help people navigate their way through

pursuing complaints while remaining firmly impartial, so that we handle

complaints fairly and so that our independence is protected and respected.

From the start of our operations we aim to provide a high quality service while

learning from our experience to improve and refine what we do.

We receive around 70,000 contacts, mostly over the ‘phone (which is our

preferred way of communicating with customers – complainants and lawyers

alike). Of these, we accept around 8,500 for further investigation as complaints

that fall within our jurisdiction. We cannot respond to any and every legal service

complaint. Our ‘scheme rules’ govern what we can and cannot help with, and

they define some areas where we can exercise discretion. More information

about what we do can be found at http://www.legalombudsman.org.uk.

The Legal Ombudsman has between 200 and 250 employees. 75% of our

employees are in the operations teams with 25% in corporate functions. The

Legal Ombudsman normally recruits its core Investigator and Assessor roles in

phases.

http://www.legalombudsman.org.uk/

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Requirement

Our recruitment strategy includes both direct search and selection, and also the

use of recruitment suppliers to meet the recruitment needs of the organisation.

We wish to establish a shortlist of Suppliers on pre-agreed fee rates and standard

contract terms which our in-house recruitment team can use instead of, or as well

as, direct search.

Once we have shortlisted preferred Suppliers, our recruitment team will normally

first approach the supplier which has provided the best fee rates for that role.

Only in the event that this Supplier is unable to provide sufficient Candidates of

appropriate quality within a reasonable timeframe will the recruitment team

approach other Suppliers, and then normally in order of best fee rate.

Suppliers who are not on an existing government approved procurement

framework (e.g. Buying Solutions) must complete the attached Pre Qualification

Questionnaire. Those Suppliers who are on the relevant Framework Agreement

or have previously completed prior to this tender are not required to resubmit this

Pre Qualification Questionnaire (See Appendix D).

There is no requirement to provide prices for all of the roles set out in Appendix

A. Specialist suppliers are advised to complete prices only for those roles in

Appendix A that are relevant to their specialist recruitment field.

Approximately 70 per cent of roles within the organisation are for Assessors,

Investigators and Team Leaders. The Job descriptions for these roles are

attached. Our competency model and other information about working for the

Legal Ombudsman are available at

http://www.legalombudsman.org.uk/jobs/vacancies.html

Assessor JD Investigator JD Team Leader JD

http://www.legalombudsman.org.uk/jobs/vacancies.html

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Aims

We aim, on completion of this exercise;

To ensure that we have trusted recruitment partners who are available at

short notice to help meet the recruitment needs of the organisation.

To ensure that the basis on which we do business with our recruitment

suppliers is clear and simple.

To ensure that our partners deliver a value for money service.

To ensure that the selection of recruitment providers is undertaken in a

fair, open, accessible, and transparent manner.

Criteria for Selection

Where appropriate, any Suppliers not on an existing Framework Agreement or have not completed the PQQ before must Submit a PQQ that demonstrates the Suppliers ability, experience, capability and financial strength. The list below shows the key features we are looking for from proposals when we are selecting shortlisted Suppliers.

Suppliers will: Have expertise and experience/ track record of placing high quality candidates successfully. Suppliers will be members of specialist professional bodies and should have associated accreditations or quality marks.

We value a diverse workforce and welcome applications from all sections of society. We particularly welcome applications from young people (16-24), older people (over 45) and the disabled who are currently under-represented within the organisation. We will appoint on merit; that is, the candidate that best meets the job criteria. In Appendix A, in no more than 500 words explain how you ensure that your candidate pool can adequately represent that commitment.

20%

Have a clear understanding of the legal services market. 5%

Have a clear and collaborative approach to development and maintenance of client relationships and understanding of the client’s needs. Have an understanding of what good customer service looks like.

15%

Have a presence in the West Midlands and understand the local 15%

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West Midlands employment market.

Have provided a Rate Card setting out the proposed best fee

rates applicable for the roles within the organisation.

30%

Have agreed to operate under the standard terms and conditions

provided in Appendix B of this tender document, or have provided

suitable and acceptable amendments, or suitable and acceptable

alternative terms of business.

15%

Total 100%

We aim to shortlist no more than 5 recruiters for any one role. Where you believe

that you have a specialist area of expertise please ensure that this is made clear

in your submission.

Timetable

Timing Task

June 20th 2014 Tender advertised

June 27th 2014 Deadline for supplier questions

July 1st 2014 Deadline for responding to supplier questions

July 4th 2014 Deadline for proposals no later

than 5pm

w/e July 18th 2014 Confirmations sent to suppliers

APPENDIX A – Rate card

Rate Card Appendix A.xlsx

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APPENDIX B – Guidance on the completion of

the Rate Card

The purpose of this Rate Card is so that we can jointly agree with the Suppliers pre-agreed recruitment fees. These Fees will cover the entire recruitment framework, from recruiting permanent, Fixed Term and Temporary Candidates. The Rate Card in Appendix A Table A specifies roles we have at the Legal Ombudsman by function and pay grade. For these roles we require the Supplier to provide us with the Fees they would charge us if we decided to recruit a Candidate from them. Appendix A Table B & C shows 2 options for the permanent placement refund and for the FTC refund fee. The grey shaded areas require completion and or acceptance from the supplier. Suppliers are encouraged to complete the Rate Card by providing the best value for money fee rates and to accept the terms and conditions set out in Appendix C as this will increase their chances of selection when we are recruiting new candidates.

Permanent Placements We shall pay the Supplier a Placement Fee with respect of each Candidate engaged by the Supplier. This fee will be expressed as a percentage of the employees first years anticipated gross annual remuneration package multiplied by the fee percentage. This is set out in the Rate Card Appendix A Table A. This placement fee will be invoiced on the commencement of the Candidate’s Engagement.

Permanent Placement Refund Fee The engagement of a Candidate placed on a permanent basis can terminate due to the Candidate resigning or due to The Legal Ombudsman asking the Candidate to leave during the first 6 months of a Candidate’s probation period. These two circumstances will result in the Supplier providing a refund. In The Rate Card Appendix A Table B the Supplier has a choice of 2 refund

contract options.

1. Option one – where the Refund is expressed as a percentage of the

first years anticipated gross annual remuneration package less the time the permanent Candidate has worked for the Legal Ombudsman. The Refund Fee will be equivalent to 12 months -’x’ months divided by 12 months multiplied by the fee percentage (where ‘x’ denotes the duration of

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the completed permanent contract in months) multiplied by the gross annual Remuneration package. This Refund Fee will be credited in full by the Supplier.

2. Option two – where the Refund shall be expressed as a percentage of the week the candidate’s employment ends, from week 1 to 26, multiplied by the Placement Fee Paid to the Supplier by the Legal Ombudsman.

The Supplier must select one scenario from the Rate Card in Appendix A Table B, this shall form part of the Contract Terms and Conditions. LeO will prefer Suppliers who agree to Option 1. If the Candidate leaves the employment of the Legal Ombudsman after 6 months, or more no refund fee will be due. Fees for part-time workers will be calculated on the basis of the equivalent full time salary. Permanent Placement No Cost Replacement If a Candidate resigns or if LeO terminates the employment of the Candidate during the first 6 month of employment, the Supplier and The Legal Ombudsman may agree that the Supplier will provide an alternative Candidate at no further cost instead of the payment of the refund amount due.

Fixed Term Contracts (FTC) In the event of a Candidate being engaged by us on a FTC basis, the Legal Ombudsman shall pay the Supplier a Placement Fee. We would normally expect a Fixed Term Contract to be for no less than three months. This fee will be expressed as a percentage of the employees first years anticipated gross annual remuneration package. The Fixed Term Contract fee will be equivalent to ‘x’/ 12 months multiplied by the gross annual remuneration package multiplied by the fee percentage (where ‘x’ denotes the duration of the contract in months up to a maximum of 12 months) and will be invoiced in full by the Supplier at the start of the Contract. If a FTC is subsequently extended or renewed at the end of the initial contract period, the duration of the two contracts are to be treated as one continuous for the purposes of calculating the additional Placement Fee due. In Appendix A, Table A complete the Rate Card to show the percentage Placement Fee by role, pay grade which the Supplier will charge the Legal Ombudsman.

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Conversion of FTC to Permanent Contract In the event that we take the Candidate on a permanent basis following the expiry of an FTC, the Legal Ombudsman shall pay the Supplier a Fixed Term Contract Fee. This Fixed Term Contract Fee shall be expressed as a percentage of the first years anticipated gross annual remuneration package less the time the temporary candidate has worked for the Legal Ombudsman. The Transfer Fee will be equivalent to 12 months -’x’ months divided by 12 months multiplied by the fee percentage (where ‘x’ denotes the duration of the completed temporary contract(s) in months) multiplied by the gross annual Remuneration package. This Transfer Fee will be invoiced in full by the Supplier at the start of the Contract. The Percentage Fee applicable to Fixed Term Contract Fees will be the same as for the rate for Placement Fees shown in Appendix A, Table A.

FTC Placement Refund (Appendix A Table C) The engagement of a FTC Candidate can terminate due to the FTC Candidate resigning or due to The Legal Ombudsman terminating the FTC Candidate because they are unsuitable for the role. These two circumstances will result in the Supplier providing the Legal Ombudsman with a refund. In The Rate Card Appendix A Table C the Supplier has a choice of 2 refund

contract options.

1. Option one the FTC Refund shall be in proportion to the length of time

the Candidate worked for the Legal Ombudsman. The refund shall be expressed as the FTC Fee Initially paid to the Supplier divided by ‘x1’ multiplied by ‘x2’. (where ‘x1’ denotes the Total duration of the FTC in months and ‘x2’ denotes the Total number of FT months not completed)

2. Option two the FTC Refund shall be expressed as a percentage of the week the FTC Candidates employment ends, from week 1 to 26, multiplied by the Placement Fee Paid to the Supplier by the Legal Ombudsman.

The Supplier must select one scenario from the Rate Card in Appendix A Table C, this shall form part of the Contract Terms and Conditions. LeO will prefer Suppliers who agree to Option 1. Placement Refund Fees for FTC part-time workers will be calculated on the basis of the equivalent full time salary.

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Temporary Staff Temporary staff are those Candidates who are paid direct to the agency as invoiced. When we use temporary staff we will agree with you at the time the fees and rates.

Conversion of Temporary to Permanent Staff In the event that we take a temporary Candidate on a permanent basis at any point during the week to week contract, a Transfer fee shall be payable to the Supplier. Transfer fees are subject to Quarantine periods which are set out in the contract. The Transfer fee will be expressed as a percentage of the employees first years anticipated gross annual remuneration package multiplied by the fee percentage and reduced pro rata to reflect the duration of the Candidate’s temporary assignment. The Transfer Fee percentage applicable rate shall be the same as the Placement Fee set out in the Rate Card Appendix A Table A and also subject to quarantine terms. This fee will be invoiced on the Commencement of the Candidate’s Engagement.

Enquires

All questions or enquires regarding this Recruitment Tender shall be directed to

Roger Duhig.

Contact [email protected] or telephone 0121 245 3087.

Tender submission details Proposals should be emailed to [email protected] by 5.00

p.m. on the 2nd July 2014. The Rate Card should be sent as an Excel format,

together with the Legal Ombudsman’s formal tender documentation, duly

completed. Late submissions will not be considered

mailto:[email protected]

mailto:[email protected]

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APPENDIX C – Terms and Conditions of Contract for Services

1. Definitions and Interpretation

In this Contract unless the context otherwise requires the following provisions shall have the meanings given to them below:

A Candidate means any person, whether employed or self employed, and/or a limited company through which a person is offering services, or a Supplier company, in respect of whom or which, or in respect of whose skills or services, information is provided to the Legal Ombudsman by the Supplier.

B Supplier, You, Your, They means the entity who first introduced the

Candidate to the Legal Ombudsman under the terms of this contract.

C We, Our, Ours,Us refers to the Legal Ombudsman. D Engage, Engaged or Engagement means to employ or re-employ,

engage, retain or otherwise accept services from a Candidate Introduced by the Supplier whether directly or indirectly, in any capacity whatsoever (including temporary or contract work), within a period of 12 months from the date of an Introduction.

E Fixed Term Contract means a contract of employment between the

Candidate and the Legal Ombudsman, whether written or oral and in respect of which the Legal Ombudsman has interviewed with an expected duration of less than 12 months.

F Remuneration Package means the Candidate’s gross remuneration as

set out in the Legal Ombudsman’s contract of employment. G VAT Value added Tax at the prevailing rate. H Placement Fees and Fixed Term Contract Fees means the amounts

due to the Supplier for introducing the candidate for employment. I LeO refers to the Legal Ombudsman. J Rate Card means the Terms and Conditions the Supplier has signed up

to in Appendix A, this includes the prices provided in Appendix A.

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K Temporary Worker means a Candidate employed by the Supplier whose services are provided to the Legal Ombudsman from time to time.

L Temporary Worker Fees means amounts invoiced in respect of the

services provided by Temporary Workers using time and attendance records which have been appropriately approved by the Legal Ombudsman and calculated in accordance with the prices provided in Appendix A, or otherwise separately agreed prior to commencement of the services.

M Transfer Fee – Remuneration applicable in the circumstances set out in

clause 7 (a) and (b). Transfer Fee Rates are the same as Placement Fee rates.

N Period of Supply the period during which the Supplier actually supplies a

Candidate to the Legal Ombudsman under an Assignment whether or not

the relevant Assignment confirmation provides for a longer or shorter

term. O Requirement a request from the Legal Ombudsman in any form for the

Supplier to Introduce a Candidate or provide any other service.

P Assignment an Engagement negotiated and agreed with us, an Agency Assignment being one, whether permanent or temporary, where the Candidate is employed or Engaged by you, or an End User, and is to be paid by you or the End User, and a Temporary Assignment being one where we supply and pay the Candidate who or which is employed or engaged by us and which is subject to the Supply Terms.

Q Supply Terms - the Terms of Business set out in this contract Section 4

and 5 being the terms relating to the supply by you of temporary Candidates which are applicable only to a Temporary Assignment during the Period of Supply.

R Fee Periods are any time (a) during the later of 12 months after (i) an

Introduction relating to the Candidate concerned or (ii) the last Assignment of the Candidate concerned, or (b) after an Introduction that you enter into an Engagement where the Introduction was the effective cause of the Engagement.

S Waiver Sum means the sum payable by the Legal Ombudsman to the

Supplier under a Temporary Assignment for the supply of a Candidate.

T Refund Sum is the proportion of the Fee the Supplier will refund if the

candidate or the Legal Ombudsman ends the Candidates employment as set out in Appendix A .

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U Quarantine Period is the timeframe Transfer Fees are subject to. The

Supplier can charge a fee on the transfer of the temporary candidate to a permanent assignment only if Legal Ombudsman takes on the temporary candidate within; (a) eight weeks of the end of his or her assignment with it; or, (b) 14 weeks of the beginning of his or her assignment with us.

2. General terms and conditions

(a) These are Terms and Conditions of Business (together with the definitions above) for Permanent and Fixed Term Placements which regulate the relationship between the Legal Ombudsman and the Supplier. They are effective from the point at which LeO notifies the Supplier that they have been successful and agrees the rates, and are effective until 30th June 2017 In the event of conflict between these terms of conditions and any other terms and conditions, the former shall prevail unless otherwise expressly agreed by the Legal Ombudsman. Any amendments to these terms of conditions must be in writing and signed by the Legal Ombudsman and the Supplier.

(b) When specifying the requirements for a particular role the Legal

Ombudsman shall provide the Supplier with full details of;

- The intended duties for the Candidate. - Any specific skills, authorisations, qualifications and training which the

candidate is required to have. Where appropriate the Legal Ombudsman shall inform the Supplier of;

- Any special hazards which the candidate will face. - Any health and safety information which the Legal Ombudsman wishes

the Supplier to pass onto the candidate. - The length of the assignment. - The location at which the work will be performed and the hours of work. - The minimum rate of remuneration and benefits which will be offered to

the candidate. - The intervals at which the candidate would be paid. - The length of notice either party would have to give to terminate the

employment.

Together known as “Role Details”.

When assessing the suitability of a candidate the Supplier shall place reliance on the Role Details provided by the Legal Ombudsman. The Supplier agrees to obtain the candidates confirmation that they have the

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experience, training, qualifications and /or authorisations specified in the role details. The Supplier shall not undertake any further checks unless requested by the Legal Ombudsman.

(c) The Legal Ombudsman will pay the Supplier the relevant Placement Fee, Fixed Term Contract Fee or Transfer fee as set out in the Rate Card (Appendix A).

3. Terms Specific for Permanent Contracts

The Supplier, at the request of the Legal Ombudsman may introduce Permanent Candidates. The following terms shall apply when Permanent Candidates are introduced to the Legal Ombudsman;

3.1 The Supplier Obligations;

(a) to use its reasonable endeavours to locate Candidates for the Legal Ombudsman, to make Introductions to enable us to hire Candidates to work for us in accordance with our Requirements.

(b) whilst at all times the Supplier shall act in good faith, the Supplier gives

no guarantee or warranty that they will be able to locate any suitable Candidate, or that any Candidate the supplier Introduces is suitable for our purposes at any time.

(c) to provide such Additional Services as may be agreed from time to time.

(d) to issue an invoice to us for the relevant Fee. The percentages with

respect to the Fee rates are set out in Appendix A.

(e) if the engagement of the Permanent Candidate is terminated, either due

to the Candidate resigning or due to the Legal Ombudsman terminating their contract of employment within 12 months of the commencement of the contract the supplier will provide a refund, or if otherwise agreed, to provide a replacement candidate. The percentages with respect to the Fee rates are set out in Appendix A.

3.2 The Legal Ombudsman Obligations;

The Legal Ombudsman agree to accept the services subject to the following

terms;

(a) Upon issuing a Requirement or as soon as possible thereafter we shall provide the Supplier sufficient and accurate information to enable the Supplier to seek Candidates that may be suitable for us prior to an Assignment and notify the Supplier of any additional information that may

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affect the information already provided or be relevant to the decision of a Candidate to accept work proposed in the Requirement.

(b) in the case of each Requirement and Assignment, regardless of any

statutory obligation the Supplier may have to take various steps, it is our responsibility to check and be satisfied with information and confirmations the Supplier has provided to us and to ensure that the Candidate is suitable for the Legal Ombudsman purposes.

(c) regardless of references or information that the Supplier provides, to take

up such references for the Candidate as we think fit and verify the curriculum vitae supplied.

(d) to ensure that the Candidate has any necessary work permit or other

authority to work for us.

i. we warrant that if we have interviewed the Candidate prior to commencement of the Assignment that we have explained to the Candidate our requirements and satisfied our self that the Candidate is suitable for those requirements.

ii. we will keep the Supplier promptly informed of our intentions in

relation to an Engagement of a Candidate throughout an Assignment and/or the Fee Periods, but this requirement will not apply in the case of a Candidate last Engaged by us under an Agency Assignment that is permanent unless the Supplier has paid to us any Refund Sum due under that Assignment.

iii. if we have previous knowledge of a Candidate prior to an Introduction by the Supplier we shall notify the Supplier together with supporting documentary evidence.

iv. we shall pay the Supplier a Placement Fee with respect of each

Candidate employed by the Supplier in accordance with these terms and conditions. Fee rates are set out in Appendix A Table A.

4. General terms for temporary contracts

The Supplier, at the request of the Legal Ombudsman may introduce Candidates as Temporary Workers. The following terms shall apply when Temporary Candidates are introduced to the Legal Ombudsman;

4.1 The Suppliers Obligations;

(a) The Supplier agrees to supply a Temporary Candidate to the Legal Ombudsman as subject to the provisions set out in clause 4.2 of these terms, and where applicable to allow a Waiver Sum against an invoice

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issued to the Legal Ombudsman if the Candidate proves wholly unsuitable for our purposes within 1 working day of commencement of the Assignment and we notify the Supplier within that period of the unsuitability of the Candidate. The Supplier will invoice the Legal Ombudsman for the Fee at the times agreed in the Temporary Assignment.

4.2 The Legal Ombudsman Obligations;

The Legal Ombudsman agree to accept the services subject to the following

terms;

(a) we shall pay the Fee in accordance with the Payment Terms.

(b) as an ongoing obligation throughout a Temporary Assignment we agree to;

(i) be responsible for the health and safety of the Candidate as if the

Candidate were a worker directly engaged by us, and, without limiting

that responsibility in any way, we shall

undertake risk assessments of the activities required to be undertaken by the Candidate and provide a notification to the Candidate and us immediately of any specific or potential hazards relating to the Assignment and the precautions that the Candidate should take relating to that risk (“Notification”);

not allow the Candidate to undertake any work that is hazardous without first undertaking the assessment and providing the Notification and ensuring that the work complies with all health and safety procedures and requirements relevant to that work;

ensure that any equipment or vehicles provided by us for the use of the Candidate are in good order, suitable and safe and compliant with all relevant regulations and safety requirements;

maintain adequate Employer’s and Public Liability cover which provides cover for Candidates supplied by the Supplier.

(ii) notify the Supplier as soon as possible in writing if we are not satisfied

with a Candidate, giving details of our reasons for that dissatisfaction.

(iii) ensure that the Candidate is aware of any regulations applicable to

external contractors.

(iv) be solely responsible for providing reasonable directions and

instructions to the Candidate as to the work to be undertaken and for

supervising and monitoring performance and compliance with such

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instructions by the Candidate, but without conflicting with clause 2(b)

(vi), and you shall provide such instructions and suitable facilities to the

Candidate as are necessary to enable the services of the Candidate to

be provided.

(v) allow the Supplier to suspend the services of the Candidate if (a) the

Candidate or a person supplied by the Supplier wishes to take annual

leave and we have agreed a period of leave in advance, or (b) the

Candidate or a person supplied by the Supplier is absent due to

sickness, provided that you shall notify us as soon as practicable of

any required absence for sickness.

(vi) not integrate the Candidate into our workforce or treat the Candidate

as an employee or do any act or thing towards the Candidate which

may be regarded as the act of an employer towards an employee, for

any purpose, but not so that this shall prejudice your obligations in

relation to health and safety.

(c) agree not to discuss with the Candidate the terms of the Candidate’s

engagement with the Supplier, other than strictly as required for the

proper objectives of the work required under the Assignment, and agree

that the Candidate is not an employee of the Legal Ombudsman and that

neither the Candidate nor the Legal Ombudsman has any obligation to the

other to perform or provide work for any specific period.

(d) in the Suppliers contract with the Candidate, which shall be a contract for

services unless the Supplier informs the Legal Ombudsman otherwise,

the Supplier shall procure that the Candidate agrees;

(i) to perform the work required under an Assignment in good faith, and

with due care and skill, and that the Candidate will not perform any

work during the Period of Supply for any third party which is in conflict

with your interests.

(ii) where appropriate not to make use of our confidential information nor

shall divulge to any other party, or use information for your or our own

benefit, any information capable of being confidential relating to the

affairs of our business or business methods, or confidential

information, received from each other, except that which is in the public

domain or is trivial or obvious or authorised to be released or required

by Court Order to be disclosed.

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(iii) where applicable to deliver up to us or an End User where

appropriate respectively any of our or the End User’s papers and other

materials held by the Candidate upon termination of the Assignment.

Timesheets and records

(e) we shall keep records of the time spent and/or work provided, as the case

may be, by the Candidate until all matters under the Temporary

Assignment are concluded and you agree to cooperate with us in relation

to any query.

(f) at the end of each week we shall verify the correct record of hours worked

by the Candidate and sign time records provided by the Candidate or us

or, in the case of project work chargeable upon deliverables, verify the

objectives achieved at the relevant time on records provided by the

Candidate or us, our signature on such time sheets or records being

conclusive evidence of the acceptance of works undertaken by the

Candidate for the relevant period; for the avoidance of doubt your failure

to verify or sign a record in accordance with this provision shall amount to

a breach of contract and we shall not be entitled to refuse payment to the

Supplier on the sole basis of such failure or alleged dissatisfaction with

the quality of work – if there is any dispute about time spent we shall

produce to the Supplier our own record of time spent and pay for that time

pending resolution of the dispute.

Replacement of a temporary candidate

(g) The Legal Ombudsman will notify the Supplier as soon as possible in

writing if we are not satisfied with a Candidate, giving details of our

reasons for that dissatisfaction. The Supplier will be allowed at least 2

working days to find and supply a suitable replacement. If the Supplier

does not provide a suitable replacement we may terminate the Temporary

Assignment by giving notice to the other.

5. Terms Specific for Fixed Term Contracts

Fixed Term Contract Fee: On commencement of employment of a

Candidate on a Fixed Term Contract the Legal Ombudsman agrees to pay a

Fixed Term Contract Fee. This fee is has been completed by the Supplier and

is in Appendix A Table A.

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All fees are expressed as a percentage of the employees first years

anticipated gross annual remuneration package. The Fixed Term Contract fee

will be equivalent to ‘x’/ 12 months of the gross annual remuneration package

multiplied by the fee percentage (where ‘x’ denotes the duration of the

contract in months up to a maximum of 12 months) (the Fixed Term Contract

Fee) and will be invoiced in full by the Supplier at the start of the Contract.

In the event that the Employee does not complete the Fixed Term Contract a

refund shall be due to the Legal Ombudsman. The proportion of the fee to be

refunded is set out in Appendix A Table C.

If the Legal Ombudsman wishes to extend the agreed initial period of the

contract an additional Fixed Term Contract Fee will be payable for the

additional period of the contract. With the extended Fixed Term Contract a

no minimum period shall apply to the duration of the subsequent Fixed Term

Contract. Where the initial Fixed Term Contract period together with any

extensions equals or exceeds 12 months no further Fees will be payable and

no Placement fee shall be payable in the event that the Candidate is

subsequently employed on a permanent basis.

If the Legal Ombudsman wishes to employ a Candidate currently employed

on a Fixed Term Contract on a permanent basis, the Legal Ombudsman will

pay the Supplier an amount equivalent to the Placement Fee less the Fixed

Term Contract fees due from the commencement of Candidate’s initial period

of employment until the earlier of the commencement date of the Candidate’s

permanent employment or the end of the existing Fixed Term Contract

period.

Where a Candidate completes a Fixed Term Contract and subsequently

applies for a role with the Legal Ombudsman, is successful, and is employed

by the Legal Ombudsman, no Placement Fee shall be due unless the period

between the end of the Candidates Fixed term Contract and the

commencement of the Candidate’s permanent employment is less than 3

months.

6. Termination

(a) The Legal Ombudsman may terminate a Temporary Assignment

immediately without liability and without prejudice to any right for relief if

you are in breach of any of the terms herein, or if, in good faith, we form

the opinion for any reason, which need not be reasonable, that (i) you

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may not meet your obligations to us or a Candidate, or (ii) our Candidate

may no longer be willing, or able or suitable to undertake work for you.

(b) either the Supplier or the Legal Ombudsman may terminate a Temporary

Assignment by giving notice to the other of at least 5 working days where

a notice period is agreed for termination of an Assignment, or (ii) if the

other shall commit an Insolvency Event, namely that it becomes insolvent

within the meaning of the Insolvency Act 1986 or has a receiver appointed

or an order or resolution made to wind it up or enters into any

arrangement or composition with its creditors or passes a resolution to

cease trading or actually ceases trading or being an unincorporated body

is dissolved or declared bankrupt.

7. Transfer Fees

(a) All Transfer Fees are subject to a Quarantine Period. The Supplier can

charge a fee on the transfer of a temporary candidate to a permanent

assignment only if Legal Ombudsman takes on the temporary candidate

within;

(1) eight weeks of the end of his or her assignment with us; or,

(2) 14 weeks of the beginning of his or her assignment with us.

(b) this Transfer Fee shall be expressed as a percentage of the first years

anticipated gross annual remuneration package less the time the temporary

candidate has worked for the Legal Ombudsman. The Transfer Fee will be

equivalent to 12 months -’x’ months divided by 12 months multiplied by the

fee percentage (where ‘x’ denotes the duration of the completed temporary

contract in months) multiplied by the gross annual Remuneration package.

This Transfer Fee will be invoiced in full by the Supplier at the start of the

permanent Contract. The fee percentage is set out in the Rate Card

Appendix A.

8. Invoicing and VAT

Applicable V.A.T will be charged by the Supplier or the Legal Ombudsman when invoicing. All monies due hereunder shall be paid by the Legal Ombudsman and the Supplier within 30 days of the date of the invoice. The Supplier shall ensure that invoices it submits set out the purchase order or contract number, the Charges and, where not all of the Services have been completed, the relevant part of the Charges with an appropriate breakdown of time worked.

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9. Other Terms & Conditions

The Legal Ombudsman shall be responsible for arranging all medical examinations and investigations of the employee (including the confirmation of any professional or academic qualifications) and for obtaining any work or other permits and shall satisfy itself as to the suitability of any employee provided by the Supplier. These terms and conditions shall be governed and constructed in accordance with English Law and the parties submit to the exclusion jurisdiction of the English Courts. Neither party’s total liability under this Agreement for all claims whether in contract, in tort or delict, for negligence, breach of statutory duty or otherwise (but other than in respect of death or personal injury caused by the Supplier negligence or as otherwise prohibited by the applicable law) shall exceed £250,000. Neither party shall be liable to the other for any loss of profits, loss business, loss of use or any indirect, special, punitive or consequential damages.

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APPENDIX D – Pre Qualification Questionnaire template

PQQ_template.docx

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