Swarme Terms and Conditions – Recruiter

 

Section 1 – DEFINITIONS

  1. Assignment – means each period during which the Worker is engaged to render services to the Recruiter
  2. Recruiter – means the organisation to whom the Worker is supplied to
  3. Employment Business – Swarme, 16 Algernon Road, London, United Kingdom, SE13 7AT
  4. Engagement – means the use of any Worker directly by the Recruiter
  5. Calendar week – means any period of seven days starting with the same day as the first day of the initial assignment
  6. Relevant pay – means any sum payable including any fee, holiday pay or other payments as further defined in Regulation 6 of the Agency Workers Regulations.
  7. Introduction fee – means the fee payable to Swarme in accordance to the transfer fee agreed for the set assignment
  8. Worker – means the Care Worker / Healthcare Assistant / Support Worker that is engaged in the activity
  9. Individual Recruiter – means an individual who recruits a Worker directly

 

Section 2 – THE CONTRACT

  1. These terms constitute the contract between Swarme and the Recruiter for the supply of the Worker’s services and are deemed to be accepted by the Recruiter by virtue if an introduction / engagement or the passing of any information of the Worker to the Recruiter
  2. No variation of alteration to these Terms shall be valid unless the details of such variation are agreed between Swarme and the Recruiter and are set out in writing indicating the starting date and varied terms.
  3. Each assignment shall be deemed a separate contract by the Recruiter to purchase services on these Terms.

 

Section 3 – MINIMUM BOOKING TIMES

  1. The minimum booking time for a Worker is one (1) hours and the maximum is 12 hours per shift.
  2. The Recruiter may book as many shifts as they require, up to one (1) month in advance. Cancellations to booking will be charged in accordance to Section 4 of this agreement.

 

Section 4 – CHARGES

  1. The Recruiter agrees to pay the hourly charge rate of the Worker. The rate is calculated accordingly to the number of hours worked by the Worker (to the nearest quarter of an hour) and comprise mainly the hourly rate set by the Worker but also include Swarme commission, employers National Insurance contribution, working time directive and any other statutory entitlements.
  2. Recruiters that provide Domiciliary and / or Community based services agrees to pay the Worker for the duration of a shift, including the time spent by the Worker attending and travelling in-between individual appointments
  3. VAT will be charged on invoices where applicable and at the prevailing rate. If VAT rates change under new guidance or legislation, Swarme reserves the right to recover additional VAT on an invoice. Where VAT is repayable back to the Recruiter than this will be paid upon receipt by Swarme from HMRC.
  4. The charges are invoiced at the end of each assignment and payable within 12 hours of the competed assignment either by bacs payment or immediately debited after the completed shift via an automatic payment using the registered bank card named on the account. Swarme reserves the right to charge interest on a daily basis on any overdue amounts in accordance with the Late Payment of Commercial Debts (interest) Act 1998.
  5. Any queries regarding the charges as per invoice, must be notified to Swarme within 5 hours of the completed assignment. If no queries are raised in this period, the Recruiter is deemed to be fully satisfied with the charged made and is liable to pay the invoice in full as outlined in Section 4.1 – 4.4
  6. Should the Recruiter need to cancel a booking, the Recruiter will notify the Worker using the online portal at least two (2) hours before the Worker is due to commence the assignment. If such notice is not given, the Recruiter shall be liable to pay Swarme 50 percent of the value of the first booked shift at the agreed hourly charge rate. If the Recruiter fails to provide notice specified above and the Worker arrives to commence the delivery of the assignment and the Worker is no longer required by the Recruiter, the Recruiter will be liable to pay Swarme 100 percent of the value of the first booked shift at the agreed hourly charge rate.
  7. The Recruiter is responsible for maintaining a valid card payment on the portal. An admin charge of 1p will be taken every 24 months when pre-authorising individual bank card for invoice payments. This will not be refunded.
  8. If card payments fail, the Recruiter will have up to 48 hours to present a new card payment. Pending the approval of a new card payment, any Workers will be requested to leave the Recruiters workplace. The Recruiter will be responsible for arranging alternative assignment cover.

 

Section 5 – TIMESHEETS

  1. At the end of each assignment, the Recruiter shall confirm the timesheet by entering the unique pin code generated during the booking process
  2. The Recruiter shall not be entitled to decline to authorise a timesheet on the basis that they are dissatisfied with the work performed by the Worker. In cases of unsuitable work, the Recruiter should apply the provisions in section 8 below.
  3. Entering the authorisation code on a Worker’s timesheet via the portal, a mobile app or paper copy is confirmation of the number of hours worked by the Worker. If the Recruiter is unable to authorise the timesheet due to a dispute in the hours claimed, the Recruiter shall raise the dispute with Swarme within 5 hours of the assignment ending. Failure to authorise a timesheet whilst a dispute is pending does not alter the Recruiter’s liability to pay for hours worked. Where appropriate, overpayments will be credited once the dispute has closed.

 

Section 6 – TRANSFER FEES

  1. If following or during the supply of a Worker a permanent placement is engaged either with the Recruiter or a third party to the Recruiter, a transfer fee will be calculated as follow: 20% of the Remuneration applicable during the first 12 months of the Engagement, or if the actual amount of Remuneration is not known, the hourly charges agreed from the Workers last assignment multiplied by 250.
  2. No refund of the transfer fee will be paid if the engagement is subsequently terminated. VAT is payable in addition to any fee due where applicable.

 

Section 7 – LIABILITY

  1. Workers are engaged under an agreement for delivering casual work for the Recruiter. They are not the employees of Swarme but are deemed to be under the supervision, direction and control of the Recruiter from the time that they accept an Assignment and for the duration of the Assignment.
  2. Swarme shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Recruiter arising from a Worker.
  3. The Recruiter agrees to be responsible for all acts, errors or omissions of the Worker, whether negligent or otherwise as though the Worker was on the payroll of the Recruiter.
    The Recruiter will also comply in all respects with all statutes, including Working Time Regulations, Health and Safety at Work Act, by-laws, code of practices and legal requirements, including in particular the provision of adequate Employers and Public Liability Insurance cover for the Worker during the assignment.

 

Section 8 – RECRUITERS OBLIGATION AND KNOWLEDGE

  1. Swarme will take all reasonably practicable steps to ensure that that Worker has up to date regulatory checks, training and qualifications on their web profile and is available for the Recruiter to view but is not responsible for any loss, damage or expenses howsoever suffered arising from or in connection with a Worker being matched to the Recruiter.
  2. The Recruiter agrees to act as an agent for Swarme in authenticating the Workers Right to Work in the UK documentation at the start of any assignment and shall ensure that it fully complies with the provisions in the General Data Protection Regulation when handling and storing personal data.
  3. The Recruiter has the right to refuse a Worker if there is reasonable belief that the Right to Work documentation does not comply with the Immigration, Asylum and Nationality Act.
  4. Workers are matched according to the Recruiters requirements and are not permitted to carry out any form of personal care.
  5. The Recruiter is responsible for the cost of the Worker’s travel, meals, telephone calls, accommodation, and any other business expenses incurred whilst on Assignment.
  6. The Recruiter is authorised to use the online portal exclusively to source and secure a Worker for shifts that genuinely require covering. This includes reviewing a Worker, engaging with the Worker directly and providing Worker feedback following the completion of a shift. Where failure to adhere to these provisions cause the Worker and/ or Swarme sustain financial losses, the Recruiter will be liable to pay an administrative fee of £2,000, which the parties agree is a reasonable pre-estimate of the losses suffered by the Worker and /or Swarme.
  7. In response to any dispute raised, Swarme will make a resolution decision on behalf of the Recruiter and Worker and this shall be final.

 

Section 9 – INDIVIDUAL RECRUITERS

  1. An Individual Recruiter who is seeking to employ a Worker directly for a fixed term period acknowledges that they will occur a fixed fee for this transfer (known as ‘transfer fee’) which is payable before the Worker commences. Thereafter, The Individual Recruiter will be liable to pay statutory deductions as per the UK requirements.
  2. The minimum booking time for a Worker is one (1) hours and the maximum is 12 hours per shift.
  3. The Individual Recruiter may book as many shifts as they require, up to one (1) month in advance. Cancellations to booking will be charged in accordance to Section 9.7 of this agreement.
  4. The Individual Recruiter agrees to enter into an employment relationship with the Worker and is responsible for regulatory requirements such as obtaining checks from the Disclosure and Barring Service (DBS), providing required training and obtaining satisfactory references.
  5. Re-booking of a Worker must be confirmed by contacting Swarme directly. Any additional assignments will be subject to the fixed fee.
  6. Failure of a Worker attending the assignment or evidential performance concerns must be logged with Swarme.
  7. Should the Individual Recruiter need to cancel a booking, the Individual Recruiter will notify Swarme at least two (2) hours before the Worker is due to commence the assignment. If such notice is not given, the Individual Recruiter will be charged the following:
    a) For one (1) day bookings, the full transfer fee with be charged. This is non-refundable.; or
    b) For bookings lasting two (2) days or more, a fee will be charged to the value of the Workers daily rate for the first day. If this is less than the transfer fee, the difference will be refunded to the Individual Recruiter.
  8. The Individual Recruiter will comply in all respects with all statutes, including Working Time Regulations, Health and Safety at Work Act, by-laws, code of practices and legal requirements, including in particular the provision of adequate Employers and Public Liability Insurance cover for the Worker during the assignment.

 


 

Swarme Terms and Conditions – Worker

 

Section 1 – DEFINITIONS

  1. Agreement – a voluntary arrangement between the Worker and the Employment Business
  2. Assignment – means each period during which the worker is engaged to render services to the recruiter
  3. Recruiter – means the organisation to whom the worker is supplied to
  4. Employment Business – Swarme, 16 Algernon Road, London, United Kingdom, SE13 7AT
  5. Engagement – means the use of any worker directly by the recruiter
  6. Calendar week – means any period of seven days starting with the same day as the first day if the initial assignment
  7. Worker – means the care worker / healthcare assistant that is engaged in the activity
  8. Individual Recruiter – means an individual who recruits a worker directly

 

Section 2 – THE AGREEMENT

These terms constitute an Agreement between the Swarme and the Worker, on which a casual working relationship is being entered into.
This agreement governs the workers’ engagement from time to time by Swarme as a casual worker.
This is not an employment contract and does not confer any employment rights on the worker (other than those to which workers are entitled). In particular, it does not create any obligation on Swarme to provide work to the worker and by entering into this agreement, the worker confirms understanding that Swarme makes no promise or guarantee of a minimum level of work. The worker will work on a flexible, “as required” basis.

 

Section 3 – ASSIGNMENTS

  1. The worker acknowledges that the nature of the work means that there may be periods when no suitable work is available from Recruiters. Suitability for work shall be determined solely by the Recruiter via the online portal and Swarme shall incur no liability to the worker should there be no opportunities to work.
  2. Assignments offered to workers are based on the profile set by the worker. It is the worker’s responsibility to ensure the information detailed on the profile remains up to date and accurate. Falsified information may result in the worker being refused Assignments.
  3. Each offer of work which is accepted by the worker shall be treated as an entirely separate and severable engagement (an assignment). The terms of this agreement shall apply to each assignment but there shall be no relationship between the parties after the end of one assignment and before the start of any subsequent assignment.
  4. The fact that the worker has been offered assignment(s) shall not confer any legal rights on the worker and, in particular, should not be regarded as establishing an entitlement to regular work or conferring continuity of employment.

 

Section 4 – REMUNERATION

  1. The worker is responsible for setting an individual hourly charge rate for the Recruiter.
  2. Swarme will make all necessary deductions from the worker’s remuneration as required by law including tax, national insurance and pension which may be required to be deducted under the auto-enrolment regime.
  3. Subject to any statutory entitlement under the relevant legislation, the worker is not entitled to receive payment from Swarme or the Recruiter for time not spent on Assignments or time spent travelling, whether in respect of holidays, illness or absence for any other reason.
  4. Should the recruiter need to cancel a booking, the worker will be informed via the online portal at least two (2) hours before the worker is due to commence the assignment. If such notice is not given or the worker is not required upon arrival to commence the delivery of the assignment, Swarme will pay the worker 50 percent of the value of the first booked shift at the agreed hourly charge rate. The worker may receive this payment outside the normal payment terms should the recruiter dispute, delay or refuse the payment.

 

Section 5 – TIMESHEETS

  1. At the end of each assignment, the worker’s timesheet must be authorised using a unique pin code by a representative of the Recruiter either via the portal, a mobile app or paper copy.
  2. For the avoidance of doubt and for the purpose of the Working Time Regulations, working time shall only consist for those periods during which the worker is carrying out activities or duties for the Recruiter as part of the assignment. Time spent for travelling to the Recruiters premises, lunch breaks and other rest breaks shall not count as part of the workers working time for these purposes.

 

Section 6 – CONDUCT DURING ASSIGNMENTS

  1. During each assignment and afterwards where appropriate, the worker will comply with the Recruiter’s terms and conditions within the workplace.
  2. The worker will observe any relevant policies, rules and regulations, including Health and Safety within the Recruiters establishment.
  3. The worker is expected to liaise with the Recruiter on all matters related to the assignment and accept the direction, supervision and control of any responsible person within the Recruiters establishment.
  4. The precise description and nature of the work may be varied with each assignment and the worker may be required to carry out other duties as necessary to meet the Recruiters business needs.
  5. The worker will not engage in any conduct detrimental to the interests of the Recruiter.
  6. The worker is responsible for managing their travel time in-between separate assignments.

 

Section 7 – TERMINATION AND CANCELLATION OF ASSIGNMENT

  1. Once an Assignment has been accepted, the worker agrees to inform the Recruiter at least 1 hour/ 60 minutes prior to the commencement of the Assignment of any cancellation. Workers have the right decline an offer of Assignment and no payment will be made for cancellations.
  2. The Recruiter reserves the right to terminate an Assignment at any time for operational reasons. If this is the case, the worker will be paid for all work done during the assignment up to the time it is terminated.
  3. SWARME reserves the right to terminate a worker’s access from the portal if the worker is not eligible to work in the UK or for any acts of misuse or misappropriate uploading.
  4. The worker accepts that Swarme may, without prior notice or liability, terminate the worker’s privileges from using the portal to source assignments.

 

Section 8 – SPECIAL PROVISIONS

  1. The worker is authorised to use the online portal exclusively to source and secure Assignments from Recruiters.
  2. Workers above the age of 16 will be given access to the web portal.
  3. Prior to the first Assignment commencing, the worker agrees to provide the Recruiter with the original uploaded Right to Work in the UK documentation to authenticate.
  4. The worker accepts that the Recruiter has the right to refuse a Worker if there is reasonable belief that the Right to Work documentation does not comply with the Immigration, Asylum and Nationality Act.
  5. The worker agrees to notify Swarme immediately if the worker is ceased from working in the UK.
  6. Workers are matched according to the Recruiters requirements and are not permitted to carry out any form of personal care.
  7. The worker agrees to maintain and update regulatory requirements, immunisations, training and qualifications on their web profile.
  8. The worker is responsible for ensuring any uploads on the portal i.e. video references, identification documentation is genuine and does not contain offensive images, language or behaviour.
  9. The worker is under no obligation to use the training provided by Swarme. Where this may be the case, the worker is required to provide suitable evidence i.e. certifications of the required training being completed elsewhere before commencing an Assignment.
  10. Auto acceptance privileges apply after the completion of 3 Assignments. This will be removed if the worker cancels 3 assignments with at least 1 hour notice of the Assignment commencing, if the worker does not attend an Assignment or the cancellation of an Assignment take places within the 1 hour period.
  11. In response to any dispute raised, Swarme will make a resolution decision on behalf of the Worker and the Recruiter and this shall be final.
  12. The worker consents to Swarme holding and processing, both electronically and manually, the data that is collected via the online portal, for the purpose of administration and the management of the service provided.
  13. The worker shall not use or disclose to any person, either during or at any time after an Assignment, any confidential information about the Recruiters business, affairs or any other matters which may have come to the worker’s knowledge as a result of carrying out Assignments. Confidential information means any information or matter which is not in the public domain. This does not prevent a worker from making a protected disclosure as per Section 43A of the Employment Rights Act 1996.
  14. The worker agreed not to enter into any group arrangements with any other person(s) in the establishing of a pay rate or any negotiation directly with the Recruiter. Pay rates are to be strictly set by the worker for the worker.
  15. The worker is responsible for the payment of a valid DBS during the signing up process. The cost of a DBS will be refunded to the worker after the completion of 10 assignments.
  16. Where the Recruiters invoice payment method fails, the Worker will be informed by Swarme to leave the Recruiters service within 1 hour.
  17. Any benefits introduced by Swarme can be withdrawn at any time at Swarme’s discretion.

 

Section 9 – FIXED TERM ASSIGNMENT

  1. Where a worker accepts a fixed term assignment with an Individual Recruiter via the online portal, the Individual Recruiter is responsible to pay the remuneration and any statutory payments / deductions directly to the worker for the agreed hours during the fixed term.
  2. The Individual Recruiter is responsible for all for all statutory and regulatory requirements such as the National Minimum Wage, Rights to Work in the UK compliance, obtaining checks from the Disclosure and Barring Service (DBS), providing required training and obtaining satisfactory references.
  3. During this assignment, the Individual Recruiter and the worker will enter an employment relationship.
    Swarme will not be liable for any loss that the worker may occur during this period.
  4. The worker will observe any relevant policies, rules and regulations, including Health and Safety set by the Individual Recruiter.