Blake Morgan expects all recruitment consultancies to adhere to the following terms.
Recruitment consultancies that submit candidate CVs or other application documentation to us will be deemed to have read and accepted these terms which are available on our website and are circulated to all our preferred suppliers from time to time.
These terms are effective from 1 June 2008 and supersede all previous terms and conditions of business of Blake Morgan in respect of the subject matter of these terms whether written, oral or implied, save that any application documentation submitted before the effective date of these terms will be subject to the existing terms and conditions.
These terms shall be governed by and construed in all respects in accordance with English law.
1. Submission of candidates
All candidate applications must be submitted to Margaret Walters at firstname.lastname@example.org or on 023 8085 7265 for logging / tracking purposes and to ensure conflicts between recruitment consultancies are minimised. CVs not received by the HR team will not be considered as formal introductions to the firm.
Recruitment consultancies must identify which vacancy and which location they are submitting a candidate for. If any recruitment consultancy subsequently submits the same candidate for a different vacancy in the same or a different location, this will constitute a new introduction. CVs or other application documentation received on a speculative basis will also be considered for their appropriateness.
Recruitment consultancies must not submit the CV or other application documentation of any candidate without their prior consent. Recruitment consultancies should brief candidates fully on the vacancy prior to submitting their CV or other application documentation.
Recruitment consultancies should interview candidates face to face or comprehensively over the telephone before submitting their CV or other application documentation to us. Recruitment consultancies should endeavour to ensure that each candidate is a close match with the requirements outlined in the job or assignment spec.
Recruitment consultancies must confirm that each candidate whose details they submit has the experience, training, qualifications and any authorisation which Blake Morgan considers are necessary or which are required by law or by any professional body for the relevant appointment. Blake Morgan accepts responsibility for obtaining references and will carry out reasonable pre-employment checks (in addition to those carried out by the relevant recruitment consultancy) for all permanent appointments. Recruitment consultancies that submit candidates whose services will be supplied on a temporary basis via the recruitment consultancy must supply references, including a reference from at least one previous employer, and carry out all other pre-employment checks.
2. Enquiries and ongoing communication
Recruitment consultancies should direct all enquiries, requests for feedback and details of candidate feedback to Margaret Walters at email@example.com or on 023 8085 7265.
This will ensure all queries are progressed as quickly as possible and feedback is provided promptly. If a recruitment consultant needs a more detailed brief, the HR team will be happy to help facilitate this.
The HR team's role is to place good, well-briefed candidates in front of the firm's team leaders and appointed to vacant positions or assignments as quickly and as seamlessly as possible.
It is our policy to provide feedback to candidates where requested. This includes providing feedback to a recruitment consultancy or direct to the candidate, whichever is deemed more appropriate by Blake Morgan.
3. What constitutes an introduction?
- If Blake Morgan invites the recruitment consultancy to set up a meeting with a candidate they have sent details on, this will constitute an introduction.
- If Blake Morgan receives a direct application from a candidate to anyone in the firm before receiving details of the same candidate from any recruitment consultancy or other source, we will consider the direct approach from the candidate in preference.
- If Blake Morgan receives application documentation in respect of the same candidate from more than one recruitment consultancy or other source, we will accept the candidate via whichever source sent the application documentation first, provided that it was sent with the candidate’s prior consent and it was sent to the HR team.
- If it is not easily identifiable which source first introduced the candidate, it will be the candidate’s choice as to which recruitment consultancy or other source they wish to represent them.
Notwithstanding the above, if any dispute arises between any recruitment consultancy and another recruitment consultancy or other source as to which of them first introduced a particular candidate, Blake Morgan will expect the parties concerned to, and the parties concerned shall, resolve the issue between them.
4. Regulation of the recruitment industry
Recruitment consultancies are required to comply with the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
This requirement in no way constitutes an admission by Blake Morgan, the relevant recruitment consultancy or the candidate that, where the candidate supplies services to Blake Morgan on a temporary assignment via the relevant recruitment consultancy, the candidate is under the control of Blake Morgan.
5. Equal opportunities and data protection
Recruitment consultancies are required to comply with current legislation (including, without limitation, the Data Protection Act 1998) in their handling of candidate details.
Blake Morgan requires all recruitment consultancies to comply with equal opportunities legislation in advertising and / or discussing our vacancies with candidates. Recruitment consultancies will not commit any act or omission constituting unlawful discrimination or harassment of any candidate in connection with the same.
Blake Morgan may, in accordance with the Data Protection Act 1998, store and process candidate details supplied by recruitment consultancies. Blake Morgan will treat introductions in strict confidence and will not pass information to any third party without the permission of the relevant recruitment consultancy and the candidate.
6. Confidentiality and intellectual property rights
All recruitment consultancies hereby undertake to procure that any candidate whose services are supplied to Blake Morgan on a temporary basis via the recruitment consultancy will enter into any reasonable confidentiality undertaking(s) and/or assignment(s) of intellectual property rights required by Blake Morgan.
7. Fee arrangements
Fee rates must be agreed and accepted by Blake Morgan, by email or letter, before any candidate introduction can be accepted.
Invoices must be sent under confidential cover to:
The HR team
New Kings Court
Blake Morgan will settle invoices from recruitment consultancies relating to permanent appointments as soon as possible after the date the candidate joins Blake Morgan, and invoices relating to temporary assignments via the relevant recruitment consultancy within 30 days of receipt.
In the event of any conflict between these terms and any other terms and conditions, these terms will prevail unless expressly agreed otherwise in writing by Blake Morgan.
8. Fee arrangement for temporary to permanent
If a candidate is with Blake Morgan on a temporary contract for a period of up to six months and is subsequently offered a permanent position the relevant recruitment consultancy will reduce the full standard permanent placement fee to 50% of the agreed fee. For candidates of more than six months the relevant recruitment consultancy will reduce the full standard permanent placement fee to 25% of the agreed fee.
9. Rebate guarantee
If a candidate leaves, is dismissed or his/her employment is terminated within six months of commencing direct employment with Blake Morgan, the relevant recruitment consultancy will pay Blake Morgan, by way of cheque, a rebate calculated as follows:
- 60% of the recruitment fee if the candidate’s employment lasted less than one month
- 50% of the recruitment fee if the candidate’s employment lasted more than one month but less than three months, and
- 30% of the recruitment fee if the candidate’s employment lasted more than three months but less than six months.
10. Review and amendment
The overall effectiveness and relevance of these terms will be monitored and reviewed regularly by the HR team. Guidance on any aspect of these terms can be obtained from any member of the HR team (address and contact details above).