Domestic Childcare
  1. Gwendolen House Nannies Limited (trading as "Gwendolen House Childcare" and referred to in these terms and conditions as "GHC"), operates as an employment agency (as defined under the Employment Agencies Act 1973), introducing, for a recruitment fee, Candidates to our Clients to become their employee, other than for a placement for Supply Cover referred to in paragraph 2 below.
  2. Where GHC has placed a Candidate as Supply Cover in a nursery setting, then GHC operates as the introduction agent and is the employer of the Candidate, responsible for payment of the Candidate's remuneration in accordance with these Terms and Conditions.
  3. In these Terms and Conditions, the term: a) "Candidate" means a childcarer or other professional who uses the services of GHC to find employment with a Client of GHC; b) "Client" means a nursery setting which uses the services of GHC to find an employee for that setting; c) "Employee” means a Candidate employed by a Client through an introduction by GHC.d) “Employer” means a Client that employs a Candidate through the services of GHC;“ e) "Nursery Setting Recruitment Fees" means the fees set out in the Terms and Conditions for GHC, current at the time of employment of a Candidate and as currently set out in paragraph 15. f) "Supply Cover" means when a Candidate is placed with a nursery setting on a short term basis to cover for the absence of other staff as the nursery setting.
  4. By a Client asking GHC to introduce them to a Candidate for a position, they are deemed to have accepted these Terms and Conditions and will be subject to our current fees and charges. GHC shall be entitled to assume that any employee or agent of a Client is authorised to represent that Client.
  5. All personal details of Candidates must be treated in confidence and not passed to a third party. Obligations under the Data Protection Act must be upheld at all times.
  6. GHC is an introductory service only. Any contract of employment will be entered into between the Employer and Employee. Our involvement in any contract is an advisory capacity only.
  7. The Employer will notify GHC immediately when an offer of employment is accepted by an Employee or otherwise upon the commencement of the employment (whichever occurs first).
  8. GHC will invoice the Employer when an Employee has accepted the position offered. Invoices are charged at the agreed percentage of the candidate's gross salary and must be paid within 14 days of the invoice date or prior to the Employee commencing employment with the Employer, if sooner.
  9. Fees charged relate to one engagement only. If an Employee subsequently rejoins the Employer at any time in the future, the Employer undertakes to inform GHC and pay the relevant introduction fee again.
  10. An Employer who has received information from GHC about a proposed Employee shall not introduce that Employee to any third party other than through GHC. Otherwise, the Employer shall be liable to GHC for the full fee payable as if the introduction had been made by GHC. Such liability for payment shall be in addition to any fees payable by the Employer.
  11. The Employer is responsible for ensuring that the Employee is covered by Public Liability Insurance, National Insurance, and, where applicable, car insurance.
  12. GHC uses its reasonable endeavors to establish the suitability of any Employee for introduction to the Employer. However, the final decision to employ the Employee is the sole responsibility of the Employer. GHC accepts no liability whatsoever for any loss or damage of whatever nature arising directly or indirectly for an act or omission of any applicant introduced by GHC.
  13. All communication, whether written, oral or however communicated, shall be confidential between the parties.
  14. Cancellations made by the Employee: if the Employee fails to take up employment following a placement, no fee will be charged by GHC and if the fee has already been paid, GHC will refund the fee in full.
  15. Cancellations made by an Employer: if the Employer cancels an engagement of an Employee prior to the agreed start date, then the full recruitment fee due to GHC remains payable.
  16. Rebates and Replacement: Should a placement made through GHC be cancelled by the Employer during the initial period of four weeks, a replacement will be provided by GHC provided the conditions of refund (as set out below) are adhered to. In the event that a replacement is not available, then the rebate scales below will apply to the fees paid by the Employer. (Please note these rebate provisions do not apply to temporary staff).

    Rebate Period Percentage of Fee rebated
    Between 0 - 2 weeks 50%
    Between 2 -3 weeks 20%
    Between 3 -4 weeks 10%
    After 4 weeks Nil
  17. The operation of paragraph 16 above is dependent on the following conditions being adhered to:
    • GHC receives written notification of the termination of employment within the stated period above.
    • The original invoice had been settled within 14 days of the date of the invoice and prior to the commencement of Employment by the Employee with the Employer.
    • If the outstanding fees have not been settled within 14 days of the date of the invoice, then a charge of 5% will be made on the outstanding amount from the date of the invoice and this amount will be added monthly to the fees due until settlement in received.
    • The rebate will only be payable when no suitable replacement has been found through GHC within 2 weeks of receipt of notice from the employer to GHC of the termination of the employment and the Employer has not unreasonably refused the proposed replacement candidates.
    • The Employee has not left because of unreasonable conditions or conduct regarding their employment.
    • The contract between the Employer and Employee has not been changed unilaterally or breached.
    • The termination of the employment is not as a result of pregnancy, injury or ill health or by reason of the Employee’s race, sex, or any disability.
    • No other childcare recruitment agency is used while GHC is looking for a replacement.
    • Only one free replacement can be made.
  18. Where an Employer has requested the services of GHC, they are deemed to have accepted these terms and conditions.
  19. No variations of these terms and conditions either express or implied may be made without the written consent of a director of GHC.
  20. These terms shall be governed by and constructed in accordance with the laws of England and Wales.
  21. Agency fees will be based according to your childcare requirements. For more information please contact one of our Consultants at GH Childcare Recruitment.