“Agency” means WeCare4Kids.
“Candidate” means any domestic worker who is introduced (whether orally or in writing) to a Client by the Agency.
“Commencement Date” means the date upon which an Engagement commences
“Client” means any person (including any firm or corporate body) to whom a Candidate is introduced.
“Engagement” means the Client making an arrangement to engage, employ or use a Candidate
2. BASIC TERMS
a. These Terms and Conditions of Business (the “Terms”) constitute the entire agreement between the Agency and the Client for the introduction to the Client of Candidates and are deemed to be accepted by the Client by virtue of the Client:
– requesting the Agency to provide details of Candidates; or
– contacting a Candidate; or
– offering employment to a Candidate (the “Offer”); or
– passing on any information about a Candidate to any third party following an introduction
b. WeCare4Kids may modify these Terms at any time by reasonable notice, including without limitation posting revised terms on its website www.wecare4kids.co.uk. Any such amended Terms shall be binding upon you (the Client).
a. The Client will use the Agency’s payroll and payment system to pay the Candidate. The Agency will charge a fee for this service as agreed between the Agency and the Client. Details of the payroll service are contained in Schedule 1.
b. The Client acknowledges that if, whether by reason of the Client ceasing to use the Agency’s payroll and payment system or otherwise, the Agency has reason to suspect that the Client is evading the payment of tax, the Agency is obliged by law to report this to HMRC who investigate as a criminal offence.
c. If, following an introduction by the Agency, the Client enters into any financial arrangement with the Candidate for the provision of childcare services to the Client (including ad hoc or regular nannying; babysitting; tutoring; or any similar services, and regardless of whether the Candidate is formally employed or not by the Client), instead of paying the Agency the agreed per-hour rate, the Client shall within 30 days of the nanny working under this new arrangement, pay the Agency a finder’s fee of £1400 (‘fee’) as consideration for their costs incurred in finding and vetting the nanny. The Client (a) agrees that this fee shall be payable, (b) acknowledges that the fee might reasonably be supposed by the Agency to be owed given evidence received from either the Client or the Candidate or another informed source, and (c) consents to the Agency passing on this information to third parties if reasonably required in pursuit of this fee. On payment of this fee, this agreement between Client and Agency will terminate.
4. AGENCY AND CLIENT OBLIGATIONS
a. The Agency will interview Candidates, take up references, check for appropriate qualifications and criminal record checks, assess attitude and experience, inform Candidates of the nature of the role and check that Candidates are willing to work in the position which the Client seeks to fill.
b. (i) The Agency will endeavour to introduce the Client to Candidates as well suited as possible, based upon the information which the parties have provided. To this end the Agency will seek to provide the Client with all relevant information concerning the Candidate which has been made available to the Agency. The Agency cannot guarantee that all the information provided by the Candidates or other third parties is accurate. The final responsibility for any decision to engage a Candidate rests with the Client, who is therefore strongly advised to check details, documentation and references personally. The Client shall also be responsible for obtaining work and other permits for the Candidate where necessary. The Agency does not offer any warranty as to the suitability, honesty, character or capability of any Candidate. Once you decide to work with a WeCare4Kids nanny, they will undergo an enhanced UK DBS check.
(ii) Although not a legal requirement, you may wish to undertake further overseas criminal records checks if your nanny has lived outside of the UK for extended periods. This is solely at your discretion, and would be arranged between you and the nanny directly. Should you wish, you can find a list of relevant providers here.
Please note: The DBS (Disclosure & Barring Service) cannot currently access overseas criminal records or other relevant information as part of its disclosure service. Therefore, when recruiting people from overseas or people who have lived overseas for more than one year (within the past five years), a DBS check may not provide a complete picture of any criminal record history.
As the DBS is not normally involved in processing the information received by overseas authorities it means that sometimes the information received from abroad may take a considerable length of time to arrive or it may not be substantial. Therefore it is extremely important to make sure that you, as an employer, have other safer recruitment procedures in place as well. Much of this is already conducted byWeCare4Kids on your behalf.
The link as follows gives good information on who can apply and how to apply for criminal records checks for overseas workers: https://www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants
c. If the Client requests a Candidate who is qualified to drive, the Agency will submit details of candidates who have stipulated that they hold a valid driving license for the UK, and will endeavour to obtain a copy of their driving licence,but the Agency is unable to make any guarantees about the Candidate’s driving qualifications or the standard of their driving. It is the responsibility of the Client to verify the Candidate’s driving standard and qualifications, and ensure that the Candidate is adequately insured.
d. While the Agency will endeavour to meet the requirements of the Client it is under no obligation to ensure that the Client is introduced to any Candidates. The Agency reserves the right to refuse to supply the Client with Candidate details at its own discretion.
e. The Client is responsible for ensuring compliance with all employment and other relevant legislation and regulations and all taxation obligations including, without limitation, national insurance and pension contributions relating to the Engagement and all payments made to a Candidate and in any other way relating to the Engagement. When required, the Agency undertakes to ensure that the Client is properly registered as an employer with HMRC; and to pay to HMRC any taxes and national insurance charges (employee and employer) which are due as a consequence of employment of the Candidate, following timely receipt of the agreed per hourly rate from the Client.
f. The Agency holds no responsibility for the employment contract between the Client and the Candidate, which is solely a matter to be arranged between the Client and the Candidate. The Agency may draft an employment contract which should be treated solely as an example for guidance. The Agency will also negotiate the contract with the Candidate on behalf of the Client. Once finalised by the Client, the contract signing process may be administered by the Agency. Once the contract between the Client and the Candidate has been executed, the Client is responsible for submitting a copy to the Agency, in accordance with the Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Act”); Under the Act the Agency is required to hold a copy of the employment contract between the Client and the Candidate. The Client warrants that conditions relating to tax, national insurance, working hours, holiday and sickness benefit, accommodation, remuneration, notice and grievances shall be notified in writing to the Candidate on Engagement.
g. It is the Client’s obligation to immediately inform the Agency if the Agency introduces a Candidate who has already been introduced to the Client by a third party. In the absence of any such notification the Agency is entitled to assume that it effected the introduction and the relevant Fee will be payable.
5. REPLACEMENTS, REFUNDS AND CANCELLATIONS
a. The Agency cannot guarantee that a Candidate will complete a specific period of Engagement, and likewise does not guarantee to the Candidate that the Client will engage the Candidate for a specific period. No refunds for fees will be given.
The Agency shall endeavour to introduce Candidates who are suitable for the Client’s requirements. However the final decision to employ a Candidate is the sole responsibility of the Client and the Agency shall not be liable for any costs, damage, losses (including loss of earnings), injury (unless due to the Agency’s negligence) or misconduct related to the introduction of the Candidate to the Client or due to any inaccuracy in the information provided by the Candidate or any third party or from any failure to introduce a Candidate.
The Client accepts full responsibility as employer for all acts, errors, omissions, whether wilful, negligent, or otherwise, caused by their employee (the Engaged Candidate). The Client’s responsibility includes, without limitation, any loss, injury, damage, expense, delay, or expense caused by the Engaged Candidate. Unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of the Agency, the neither the Agency nor its staff will be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from the Agency’s introduction of a Candidate to the Client, or otherwise arising from the Engagement.
The Client will hold adequate Employer’s Liability Insurance for the duration of the Candidate’s employment with them, as required by law (currently at minimum of £5 million in cover is required). (Note for Clients: most household insurance policies include this as standard, but it’s important that you check yours does)
In no circumstances shall the Agency have any liability to the Client beyond the value of the fees paid. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
Payroll calculations will be based on information provided by the Client. The Client will delegate the reporting of hours in the first instance to the Candidate (nanny). The Agency accepts no responsibility for any financial loss arising from errors in this information whether it arises from the Client or the Candidate (nanny) or in documents which the client has undertaken to check. The Agency will not be held responsible for any penalties levied by HMRC, loss or overpayment of wages, tax or national insurance due to calculation errors resulting from incorrect or incomplete information supplied by the Client or late submission of documents or monies by the Client to the Agency or to HMRC.
a. All data provided by the Agency to the Client is confidential and must not be passed to a third party directly or indirectly (unless required by a law enforcement agency).
b. The Data Protection Act 1998 (the “Data Protection Act”) and the General Data Protection Regulation (GDPR) regulate the processing of personal data. The Client consents to the holding and processing of personal data (including sensitive personal data) which relates to it by the Agency in accordance with the provisions of the Data Protection Act and GDPR.
c. In order to provide the service, data provided by the Client may be passed to prospective Candidates so that they can make an informed decision about whether to consent to an Introduction. This data may be personally identifiable. The Client consents to this data being passed in this way.
d. In order to provide the service, data provided by the Client may be passed to reputable subcontractors as part of the delivery of the Agency’s service, including for the purposes of payroll and payments. This data may be personally identifiable. The Client consents to this data being passed in this way.
These Terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
Schedule 1: Payroll service
The WeCare4Kids payroll service includes the following:
- Preparation of a bespoke contract for consideration by the Employer
- Administration of contract signing, which can be done electronically by all parties
- Registration as an employer with HMRC, and PAYE scheme setup if required
- Provision of monthly payslips for your nanny
- Payment of quarterly tax and national insurance due to HMRC, on your behalf
- Electronic filing of a Full Payment Submission (FPS) with HMRC each time you pay your nanny, or an Employer’s Payment Submission (EPS) in any month you do not pay any employees
- Electronic filing of an Employer’s Annual Return (P35) and Employee’s Pay and Deductions Summary (P14) with HMRC at the end of every tax year
- P60 and P11d at year end, plus processing of a P45 if required
- Administration of Statutory Sick Pay should your nanny go on sick leave, and Statutory Maternity Pay should your nanny fall pregnant (find out more in our contract FAQs). In that eventuality, WeCare4Kids would also liaise with HRMC to reclaim SMP
- Storage of payroll records on your behalf
- If a pension is required, WeCare4Kids or its agent will set this up with Smart Pension or NEST (the national provider set up by the government employee savings trust); make all necessary declarations to Smart Pension or NEST each month; and handle the statutory communications with both the Pensions Regulator and your nanny. We will also include the necessary pension contributions on the normal monthly payslip.
At WeCare4Kids sole discretion, the payroll and/or pension service may be subcontracted to a reputable payroll service.