Ashton Macey Ltd supplies staff at your request under the following conditions
Member - means a member of staff supplied by Ashton Macey Ltd, for example, Nurse (RN), Carer (HCA), Domestic, (SUPP)
Client - means any person, firm or corporate body requesting a member of staff.
The Assignment; shift, booking - means the complete time allocation as requested by the client.
Ashton Macey Ltd - means the company providing the supply of available and booked staff members and hereinafter will be known
as Ashton Macey.
By the engagement of a staff member from Ashton Macey the client by default is accepting these terms and conditions of business, which as a matter of policy are issued on first, contact and are readily available if lost or mislaid. No variation or alteration to these terms and conditions shall be valid unless done so in writing by the Managing Director. These terms will be reviewed at least annually.
In the event of a client being unhappy with the ability of a staff member supplied by Ashton Macey they are entitled to terminate the booking providing that the office is called immediately and reasons are submitted in writing within 24 hours. Supervision is the direct responsibility of the client and therefore in the event of a terminated shift the hours worked will still be charged.
The staff member has given authorisation to Ashton Macey to collect their monies due for the hours worked from the client and the
client therefore agrees to do so via Ashton Macey as per the current charge rates for the said period. Charge Rates are readily available in applicable formats and as a matter of policy are furnished to the client at first contact. As the client has no commitment to use the services of Ashton Macey weekly it is in their interest and responsibility to check if charge rates have being decreased or increased since last supply. Charges rates encompass staff members pay rate, national insurance, holiday pay in addition to commission which will be applied for Ashton Macey services also with VAT being due on services other than care. Travel is charged at £3.75 per visit per member of staff attending.
Additional ad-hoc expenses will only take place after agreement between the Managing Director and the client.
Legislation dictates that for the purpose of PAYE only, staff members of Ashton Macey are to be deemed ‘employed’ to enable the deductions of tax and national insurance from their income. Although the client is legally bound to pay the staff member they agree to do so through the intermediary of Ashton Macey and entrust that Ashton Macey will deliver the appropriate deductions to the correct government body.
Charges will be invoiced weekly in arrears. Any queries should be notified to Ashton Macey within 7 days of receipt of the said invoice. In the absence of any queries the client shall be deemed to be satisfied with the invoice and will pay promptly in full. Invoices will still be enforceable and remain due in the event of any invoice query. Credits if due can be applied / deducted from next invoice / payment.
To facilitate home care payroll we must insist on payment within 7 days of the issued invoices and request your agreement to credit check at first invoice stage or in the event of late payments. In the event of payments becoming overdue Ashton Macey reserves the right to withdraw bookings already made and take any action that could include the use of debt collection agencies and legal proceedings of which the client would be liable for the charges in relation.
The client must appreciate that as soon as a booking has been made they have actively ensured that the allocated member of staff in question is prevented from being allocated work elsewhere and therefore must make payment in full for each booking cancelled within a 48 hour time period and each 24 hour period on Saturdays and Sundays may not be included in this equation. Similarly in return staff members exceed this by giving one week’s notice unless sick at which point Ashton Macey would do everything within its ability to cover the said shift.
Shift verification is confirmed via the client booking log and the staff rota. Time sheets are a useful record of attendance also and for the avoidance of doubt Ashton Macey reminds the client to sign each time sheet. A signed time sheet indicates that the opportunity to keep a time sheet copy has occurred and therefore extra copies requested will be charged at £5.00 each to cover administration time in their sourcing, collating and copying.
Ashton Macey Ltd is not against any staff being offered temporary, bank, freelance or permanent contracts with our clients or other clients in relation directly or indirectly. Any post that is commenced by a staff member of Ashton Macey in the above context more than 8 weeks from the end of supply or 14 weeks from the start of supply renders that client to a temp to perm/ introduction fee of £2500 plus VAT for non qualified staff and £3500 plus VAT for professionally qualified staff in line with our standard credit terms. Where the fee may cause the staff member not to gain the said employment the alternative may be applied which is 20 weeks paid notice via time sheets no less than 37.5 hours per week from the date of it being brought to the attention of Ashton Macey. Please not that running your own recruitment advertising during a temp to perm or introduction does not waive the above charge under any circumstances.
Any complaint should be reported to your local manager in the first instance and if we are not able to resolve the matter instantly our complaints procedure will ensure it is resolved within seven days. If for any reason you are not satisfied with our response to your complaint then please the matter should be reported to the local office of the Care Quality Commission: CQC East Midlands, Citygate, Gallowgate, Newcastle upon Tyne, NE1 4PA, tel: 03000 616161.You can also report the matter to the Employment Agencies Services Inspectorate Department of Trade and Industry on telephone number 0845 955 5105 at the following address; Employment Agency Standards (4140), 1 Victoria Street, London, SW1H 0ET.
All healthcare staff will be required to undergo a criminal record check at enhanced level via the CRB (Criminal Records Bureau) which includes a POVA and POCA check and in the event of any adverse information each candidate will be judged on is own merit as per the Rehabilitation of Offenders Act 1974.
Within its quality system Ashton Macey makes every effort to ensure the skills, integrity and reliability of each staff member are always of a reasonable standard for each assignment but cannot accept liability for any loss, damage or expense that occurs in the event of the staff member not working the assigned hours or any amount of negligence, dishonesty or misconduct on their part. The supply of a staff member requires the client to take responsibility to supervise, direct and control that staff member from the first moment they arrive for the assignment, its duration and end. Therefore any neglectful, wilful act or omission carried out by the Ashton Macey staff member is the responsibility of their immediate supervisor, the client, which occurs by default the first minute of the assignment. In the interests of all staff and client members, clients work according to and enforce all current legislation that is applicable to healthcare and employment unless the client is a private patient and in this scenario a moral duty to general health and safety and working conditions is required. The client agrees to indemnify and keep indemnified Ashton Macey in all cases against costs, claims, damages and expenses incurred from any act carried out by the Ashton Macey staff member in the context of these terms and conditions.
The client agrees to enforce the Working Time Regulations 1998 and in particular ensures the provision of at least 20 minutes break every six hours or equivalent in exceptional circumstances. Similarly it is also the responsibility of the Ashton Macey staff member to ensure breaks are taken. Breaks are not normally charged unless relief of duty is not possible.
Ashton Macey is committed to enforcing all current legislation that promotes the equality, diversity and rights of each individual client and staff member and similarly request that each client does also and in the case of a private patient expects a reasonable adherence.
Ashton Macey does not and will not tolerate violence or abuse whether it be physical or mental and in such event will cancel all bookings and contact the police and other appropriate services. We also reserve the right to take legal action for consequential psychological, physical and financial loss or/and damage.
You may cancel these terms and conditions within seven days of signing.We may withdraw without notice in the event of late payment, abusive behaviour or an unsafe working environment.
These terms and conditions of business are governed by the Law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
Effective date being 23rd March 2010
L Asbury
Lee Asbury RGN MCMI RMA MREC Cert RP
Managing Director
I have read the above and hereby enter a contract with Ashton Macey Ltd (the supplier) to supply their staff members to myself (as or on behalf of the client / service user) and confirm my acceptance of these terms and conditions of business each time I request, book, recruit or sign each time sheet for each Ashton Macey staff member.
Any queries regarding these terms and conditions of business shall be addressed to the Managing Director, similarly no alterations or variations will be accepted unless confirmed in writing by the Managing Director.
Each time sheet requests your referral to these full terms and conditions of business.
Theses full terms and conditions of business are readily available via post or fax from your local Ashton Macey office.
A copy of these terms and conditions is always furnished to the client on the first assignment.
Head Office
LWA Holdings (UK) Ltd; 4 Cartwright Court, Forest Business Park, Coalville, Leics. LE67 1UE
Tel: 01530 832614 Fax: 01530 831300
Registered in England No. 4662548 VAT Registration Number: 815 7794 92