Nursery Setting
  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.
  2. In these Terms and Conditions the term:
    • “Candidate” means a childcarer or other professional who uses the services of GHC to find employment with a Client of GHC;
    • “Client” means a nursery setting which uses the services of GHC to find an employee for that setting;
    • “Employee” means a Candidate employed by a Client through an introduction by GHC; and
    • “Employer” means a Client that employs a Candidate through the services of GHC.
    • “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.
    • "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 at the nursery setting.
  3. 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.
  4. 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.
  5. A Client who has received information from GHC about a Candidate shall not introduce that Candidate to any third party other than through GHC. Otherwise, the Client 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 Client as a previous Employer of that Candidate.
  6. GHC uses its reasonable endeavors to establish the suitability of any Candidate for introduction to a Client. However, the final decision to employ the Candidate is the sole responsibility of the Client. GHC accepts no liability whatsoever for any loss or damage of whatever nature arising directly or indirectly for an act or omission of any Candidate introduced by GHC.
  7. If a Client wishes to make an offer of employment to a Candidate, whether for a permanent or temporary post, then the Client must first notify GHC. It will be the responsibility of GHC to notify the Candidate of this offer, if the offer is accepted by the Candidate, then a contract of employment will then be entered into between the Client as Employer and the Candidate as Employee.
  8. Once the verbal offer of employment is accepted, the Employer will be liable to pay GHC the relevant recruitment fee, as stipulated in the Nursery Setting Recruitment Fees in paragraph 15.
  9. An invoice will be issued once a verbal offer is accepted and must be paid within 21 days of the date of the invoice.
  10. In the event of late payment (outstanding more than 21 days after the invoice date) the Client shall incur interest on the amount outstanding at the following rates:
    1. If payment is received after 21 days but before 30 days of the invoice date, at a rate of 10% calculated from the date of the invoice until the date of actual payment.
    2. If payment is received later than 30 days of the invoice date then the rate of interest shall be 15% calculated from the date of the invoice until the date of actual payment.
  11. Cancellations made by an Employee: if an Employee fails to take up employment prior to their agreed start date, no fee will be charged by GHC and if the fee has already been paid, GHC will refund the fee in full.
  12. 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.
  13. Rebates and Replacement: Should a placement made through GHC not work out during the initial period of four weeks, a replacement will be provided by GHC provided the conditions of refund as (set out below in paragraph 14) 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 for a temporary position).
    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

    The operation of paragraph 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 21 days of the date of the invoice.
    • 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 employment or recruitment agency is used while GHC is looking for a replacement.
    • Only one free replacement can be made.
  14. Nursery Setting Recruitment Fees
    The following fees shall be payable when a Candidate has been placed with a Client:                                       Employment By Client:
    Permanent Position: Whether Full-Time or Part-Time, for a qualified or unqualified candidate. 10% of the gross annual salary agreed with the Candidate.
    Temporary Position: Whether Full-Time or Part-Time, for a qualified or unqualified candidate. 30% of daily salary agreed with the Candidate.  Supply Cover: the hourly rate agreed between GHC and the Client at the time, in relation to each Candidate for each placement. The manager or deputy manager of the Client must countersign the timesheet provided to the Candidate by GHC and the time recorded therein will form the basis of the amount to be invoiced to the Client.
  15. In order for a Candidate to receive their remuneration (i.e. payment of salary and national insurance contribution) they must complete the time sheet that is provided for them for each placement. At the end of each placement, this timesheet must be countersigned by the manager or deputy manager of the relevant nursery setting and the Candidate must then return the original timesheet to GHC in order for payment to the Candidate to be processed. Payment to the Candidate of their renumeration will be made no later than 30 days following receipt of the correctly completed timesheet.                    
  16. No variation in these Terms and Conditions is valid unless confirmed in writing. These Terms and Conditions supersede all previous Terms and Conditions.
  17. These terms shall be governed by and constructed in accordance with the laws of England and Wales.

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