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Client Terms & Conditions

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Dear CLIENT,

Welcome to Talentbase! We are thrilled to have the opportunity to work with you and support your culinary needs. Thank you for choosing us as your trusted partner in providing top-tier temporary chefs for your establishment.

At Talentbase, we pride ourselves on connecting businesses like yours with highly skilled chefs who bring not only expertise but also passion and creativity to the kitchen. We understand that every event, service, and kitchen requirement is unique, which is why we are committed to providing tailored solutions that best match your specific needs.

In this welcome pack, you will find detailed information about our services, the chef selection process, and our commitment to quality. Additionally, we’ve included a few key documents to guide you through the next steps and make your experience as seamless as possible.

We’re excited to begin this partnership and help you elevate your culinary offerings. Please don’t hesitate to reach out if there’s anything we can do to further assist you.
Once again, welcome to the Talentbase family. We look forward to working closely with you and making your culinary operations even more successful!

Warmest regards,
The Talentbase Team

Contact Details

The Talentbase Team:

Director Michelle Reynoldsmichelle@talentbase.uk
Talent Acquisition SpecialistBeth Muttonbeth@talentbase.uk
Office Co-ordinatorChrissy McEvoychrissy@talentbase.uk
Business Development & MarketingCallum Reynoldscallum@talentbase.uk

Telephone: 01494 875674

Email: info@talentbase.uk 

Address: 12 Stone House, Chalfont St Giles, Buckinghamshire, HP8 4QA

1. DEFINITIONS AND INTERPRETATION

1.1. In these Terms the following definitions apply:

“Agency Worker”means the individual who is Introduced by the Employment Business to provide services to the Hirer;
“Application” means the Application developed, owned and operated the Employment Business, either via the website (www.talentbase.uk) or the respective IOS and Android applications:
“Assignment”means assignment services to be performed by the Agency Worker for the Hirer for a period of time during which the Agency Worker is supplied by the Employment Business to work temporarily for and under the supervision and direction of the Hirer; The Application will refer to an Assignment using the term “Job”
“Assignment Details Form” means written confirmation of the assignment details agreed with the Hirer prior to commencement of the Assignment; and provided to the Hirer via the “Job Confirmation” section on the application:
“AWR Claim”means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the AWR;
“AWR”means the Agency Workers Regulations 2010 and/or the Agency Workers (Northern Ireland) Regulations 2011:
“Calendar Week”means any period of seven days starting with the same day as the first day of the First Assignment;
“Charges”means the Employment Business’s charges calculated in accordance with clause 6 and as may be varied from time to time in accordance with these Terms;
“Comparable Employee”means as defined in Schedule 1 to these Terms;
“Conduct Regulations”means the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
“Confidential Information”means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Hirer or Employment Business or their business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Assignment) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Agency Worker or any third party in relation to the Assignment by the Hirer or the Employment Business or by a third party on behalf of the Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;
“Control”means (a) the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or similar right of ownership; or (b) the power to direct or cause the direction of the affairs and/or general management of the company, partnership, statutory body or other entity in question, whether through the ownership of voting capital, by contract or otherwise, and "Controls" and "Controlled" shall be construed accordingly;
“Data Protection Laws”means the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679) and any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data;
“Dedicated Workers” means an Agency Worker who has accepted a request from, or behalf of , a Hirer or multiple Hirers to activate the status of “Dedicated Workers” and who remains at the relevant time a dedicated worker for at least one Hirer:
“Engagement”means the engagement (including the Agency Workers acceptance of the Hirer’s offer), employment or use of the Agency Worker by the Hirer or by any third party to whom the Agency Worker has been introduced by the Hirer, on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; or through a limited company of which the Agency Worker is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly; will be supplied by the Employment Business to the Hirer (or employer) For completeness, between Agency Worker and the Hirer ( or Employer) For completeness between Assignments no contract for services shall exist between the Agency Workers And the Employment Business:
“First Assignment”means:

  • (a)the relevant Assignment; or
  • (b)if, prior to the relevant Assignment:


  • (i)the Agency Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Agency Worker works in the relevant Assignment; and

  • (ii) the relevant Qualifying Period commenced in any such assignment,that assignment (an assignment being (for the purpose of this defined term) a period of time during which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer);
“Hirer” means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Agency Worker is Introduced; The Application will refer to a Hirer using the term “Employer”. Notwithstanding the foregoing, please note that as a matter of law neither the hire nor the Employment Business will employ Agency Workers. Rather, during Assignments the agency Worker will be engaged by the Employment Business as a worker on a contract for services (not a contract of employment), and his or her services will be supplied by the Employment Business to the Hirer (or “Employer”). No contract of employment, or contract for services, will exist between the Agency worker and the Employment Business:
“Hirer Rating”has the meaning given to it in clause 3.11. Note that the Application will refer to “Employer rating” rather than using “Hirer Rating”
“Hirer's Group”means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;
“Introduction”means (i) the passing to the Hirer of a curriculum vitae or information which identifies the Agency Worker; or (ii) the Hirer’s interview of the Agency Worker (in person or by telephone or by any other means), following the Hirer’s instruction to the Employment Business to supply a temporary worker; or (iii) the supply of the Agency Worker; and, in any case, which leads to an Engagement of the temporary worker or the Agency Worker; and “Introduced” and "Introducing" shall be construed accordingly;
“Losses”means all losses, liabilities, damages, costs, expenses, fines, penalties or interest, whether direct, indirect, special or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands;
“Period of Extended Hire” means any additional period that the Hirer wishes the Agency Worker to be supplied for beyond the duration of the original Assignment or series of Assignments as an alternative to paying a Transfer Fee;
“Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role, and as further defined in Schedule 1 to these Terms;
“Relevant Period”means whichever ends the later of (a) the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous assignment;
“Relevant Terms and Conditions”means terms and conditions relating to:

  • (a) pay;
  • (b) the duration of working time;
  • (c) night work;
  • (d) rest periods;
  • (e) rest breaks; and
  • (f) annual leave

      • that are ordinarily included in the contracts of employees or workers (as appropriate) of the Hirer whether by collective agreement or otherwise and including (for the avoidance of doubt and without limitation) such terms and conditions that have become contractual by virtue of custom and practice, including copies of all relevant documentation;
“Remuneration”includes gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Agency Worker for services provided to or on behalf of the Hirer or any third party.
"Tip"Means any tip, gratuity or service charge payable to an Agency Worker pursuant to the Tipping Act;
"Tipping Act"Means the Employment (Allocation of Tips) Act 2023;
"Tipping Act Claim"Means any complaint or legal claim (e.g. to a tribunal or court) made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the Tipping Act;
"Tip Allocation"Means the portion of Tips an Agency Worker is entitled to in respect of an Assignment, as determined by the Hirer based on their tipping policy;
“Safeguarding Legislation”means the Safeguarding Vulnerable Groups Act 2006
“Temporary Work Agency”means as defined in Schedule 1 to these Terms;
“Terms ”means these terms of business (including the attached schedules) together with any applicable Assignment Details Form;
“Transfer Fee”means the fee payable in accordance with clause 8 of these Terms and Regulation 10 of the Conduct Regulations;
“Vulnerable Person”means any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, and includes any person under the age of eighteen; and
“WTR”means the Working Time Regulations 1998
  • 1.2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
  • 1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
  • 1.4. Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, reenacted, replaced or applied by or under any other enactment (whether before or after the date of these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.

THE CONTRACT

  • 2.1. These Terms form the agreement between the Employment Business and the Hirer for the provision of the services of the Agency Worker by the Employment Business to the Hirer via the Application. By registering with the Employment Business via the Application, logging in and using the Application, engaging the Agency Worker, and/or sharing any information about an Agency Worker with a third party following an Introduction (as applicable), the Hirer is deemed to have accepted these Terms.
  • 2.2.These Terms constitute the entire agreement between the parties, and unless otherwise agreed in writing by the Employment Business, they supersede any terms of business or purchase conditions (or similar) put forward by the Hirer. In the event of a conflict, these Terms shall prevail over any terms that govern the Hirer's access to and use of the Application, except to the extent that the terms governing access to and use of the Application relate to limitations of the Employment Business's liability, in which case those terms shall prevail.
  • 2.3.Subject to clause 6.3, no variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the director of the Employment Business and the Hirer and are set out in writing and a copy of the varied Terms is given to the Hirer stating the date on or after which such varied Terms shall apply.
  • 2.4. The Employment Business shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973 (as amended) when Introducing Agency Workers for Assignments with the Hirer.

3. HIRER OBLIGATIONS

  • 3.1. To enable the Employment Business to comply with its obligations under the Conduct Regulations the Hirer undertakes to provide to the Employment Business details of the position which the Hirer seeks to fill, including the following:
  • 3.1.1. the type of work that the Agency Worker would be required to do;
  • 3.1.2the location and hours of work;
  • 3.1.3The Hirer can add appropriate experience on their profiles to indicate the experience, training, qualifications, and any necessary authorizations required by law or any professional body for the Agency Worker to work in the position. However, if the selection of experience is insufficient to inform the Employment Business of these requirements, the Hirer must notify the Employment Business in writing (in accordance with clauses 15.2 and 15.3) and fully cooperate with the Employment Business to provide the necessary information in a timely manner.
  • 3.1.4any risks to health or safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks;
  • 3.1.5 The date the Hirer requires the Agency Worker to commence the Assignment; and
  • 3.1.6The duration or likely duration of the Assignment.Along with any other details requested by the Employment Business
  • 3.2.The Hirer acknowledges that the Employment Business uses a largely automated matching process facilitated by the Application to match Agency Workers with potential Assignments based on the data provided by Agency Workers to the Employment Business, as well as any criteria specified by the Hirer in relation to the potential Assignments, such as remuneration, emoluments, experience, training, qualifications, and any required authorizations or characteristics (including Dedicated Worker status). The Application will provide the Hirer with details of all or a selection of Agency Workers who have expressed interest in an Assignment, from which the Hirer shall select the Agency Worker(s) to whom the Assignment will be offered. The Hirer acknowledges that the Employment Business is not involved in the selection of Agency Workers for an Assignment, and makes no warranties or representations regarding the suitability of a specific Agency Worker for a specific Assignment, including where the Hirer requests the Employment Business to engage an Agency Worker on their behalf or the Hirer's requests for certain Agency Workers to accept Dedicated Worker status. The Employment Business provides access to and use of the Application but does not participate in the selection of Agency Workers. The Hirer agrees not to specify any criteria, ask questions of Agency Workers, select any specific Agency Workers for Assignments, or request that only certain Agency Workers accept Dedicated Worker status if doing so would result in a breach of applicable laws or regulations, including without limitation the EQA.
  • 3.3.The Hirer will assist the Employment Business in complying with the Employment Business's duties under the WTR by supplying any relevant information about the Assignment requested by the Employment Business and the Hirer will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations. If the Hirer requires the services of an Agency Worker for more than 48 hours in any week during the course of an Assignment, the Hirer must notify the Employment Business of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Hirer requires the Agency Worker to work in excess of 48 hours.
  • 3.4.The Hirer will comply with its obligations under Regulation 12 (Rights of agency workers in relation to access to collective facilities and amenities) and 13 (Rights of agency workers in relation to access to employment) of the AWR.
  • 3.5.To enable the Employment Business to comply with its obligations under the AWR, the Hirer undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at the Employment Business’s request:
  • 3.5.1. To inform the Employment Business of any Calendar Weeks in which the Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment which count or may count towards the Qualifying Period;
  • 3.5.2.if, the Agency Worker has worked in the same or a similar role with the Hirer via any third party prior to the date of commencement of the relevant Assignment and/or works in the same or a similar role with the Hirer via any third party during the relevant Assignment, to provide the Employment Business with all the details of such work which may count towards the Qualifying Period, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business;
  • 3.5.3.to inform the Employment Business if, the Agency Worker has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment carried out work which could be deemed to count toward the Qualifying Period for the relevant Assignment in accordance with Regulation 9 of the AWR because s/he has:
  • 3.5.3.1. completed two or more assignments with the Hirer;
  • 3.5.3.2.completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
  • 3.5.3.3.worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role;
  • 3.5.4.save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to:
  • 3.5.4.1.provide the Employment Business with written details of the basic working and employment conditions the Agency Worker would be entitled to for doing the same job if the Agency Worker had been recruited directly by the Hirer as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions;
  • 3.5.4.2. inform the Employment Business in writing whether the Relevant Terms and Conditions provided are those of a hypothetical directly recruited employee or worker or those of a Comparable Employee;
  • 3.5.4.3.if the Relevant Terms and Conditions provided are those of a Comparable Employee, provide the Employment Business with a written explanation of the basis on which the Hirer considers that the relevant individual is a Comparable Employee; and
  • 3.5.4.4.inform the Employment Business in writing of any variations in the Relevant Terms and Conditions made at any time during the relevant Assignment after the Qualifying Period commenced; and
  • 3.5.5.save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to provide the Employment Business with written details of its pay and benefits structures and appraisal processes and any variations of the same.
  • 3.6.In addition, for the purpose of awarding any bonus to which the Agency Worker may be entitled under the AWR, the Hirer will:
  • 3.6.1. integrate the Agency Worker into its relevant performance appraisal system;
  • 3.6.2.assess the Agency Workers performance;
  • 3.6.3. provide the Employment Business with copies of all documentation relating to any appraisal of the Agency Worker, including without limitation written details of the outcome of any appraisal and the amount of any bonus awarded; and
  • 3.6.4.provide the Employment Business with all other assistance the Employment Business may request in connection with the assessment of the Agency Worker's performance for the purpose of awarding any bonus.
  • 3.7.The Hirer will comply with all the Employment Business’s requests for information and any other requirements to enable the Employment Business to comply with the AWR.
  • 3.8.The Hirer warrants that:
  • 3.8.1.all information and documentation supplied to the Employment Business in accordance with clauses 3.4, 3.5 and 3.6 is complete, accurate and up-to-date; and
  • 3.8.2.it will, during the term of the relevant Assignment, immediately inform the Employment Business in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.4, 3.5 and 3.6.
  • 3.8.3. The Hirer agrees not to structure Assignments in a manner that would avoid the application of the AWR to an Agency Worker or Agency Workers.
  • 3.9.Without prejudice to clauses 14.7 and 14.8, the Hirer shall inform the Employment Business in writing of any:
  • 3.9.1.oral or written complaint the Agency Worker makes to the Hirer which is or may be a complaint connected with rights under the AWR; and
  • 3.9.2.written request for information relating to the Relevant Terms and Conditions that the Hirer receives from the Agency Worker

as soon as possible but no later than 7 calendar days from the day on which any such oral complaint is made to or written complaint or request is received by the Hirer and the Hirer will take such action and give such information and assistance as the Employment Business may request, and within any timeframe requested by the Employment Business, in order to resolve any such complaint or to provide any such information in a written statement to the Agency Worker within 28 days of the Hirer's receipt of such a request in accordance with Regulation 16 of the AWR and the Hirer will provide the Employment Business with a copy of any such written statement.

  • 3.10.The Hirer undertakes that it knows of no reason why it would be detrimental to the interests of the Agency Worker for the Agency Worker to fill the Assignment.
  • 3.11.The Hirer agrees to promptly provide an AW Rating via the Application upon receiving a request from the Employment Business for working hours, as specified in clauses 5.1.1 or 5.1.2. The rating should be based on non-exclusive factors such as friendliness, punctuality, reliability, know-how, and expertise. The Hirer warrants that each AW Rating will be accurate, true, and not misleading, and that it will reflect an objective impression gained during the Assignment. The Hirer acknowledges that at the end of each Assignment, the Agency Worker will provide a Hirer Rating via the Application, based on non-exclusive factors such as friendliness, punctuality, reliability, know-how, and expertise.

    The Agency Worker will warrant that each Hirer Rating will be accurate, true, and not misleading, and will reflect an objective impression gained during the Assignment. The AW Rating and Hirer Rating will be shared with each other upon completion of the Assignment. Before accepting Assignments through the Application, Agency Workers can view prior Hirer Ratings and may consider them when deciding whether or not to accept an Assignment.
  • 3.12.The Hirer may request that specific Agency Workers become Dedicated Workers. Dedicated Workers will only receive notifications from the Employment Business for potential Assignments with the Hirer or Hirers for whom they are Dedicated Workers at the relevant time. The Hirer may choose to receive expressions of interest in potential Assignments from both Dedicated Workers and other Agency Workers using the Application or from Dedicated Workers only. A Dedicated Worker may deactivate their status at any time for one, some, or all Hirers with whom they had previously held that status. Similarly, a Hirer may deactivate Dedicated Worker status for any Dedicated Worker at any time. The Employment Business will activate or deactivate Dedicated Worker status as soon as reasonably practicable upon receipt of notification through the Application. If an Agency Worker rejects a request to become a Dedicated Worker or ceases to be a Dedicated Worker after accepting the request, they will still receive notifications of potential suitable Assignments, including from the Hirer who made the request, subject to the rest of these Terms.
  • 3.13.It is a fundamental condition of the Employment Business providing services to the Hirer under these Terms, including access to the Application, that the Hirer agrees to the processes described in this clause, including the collection of AW ratings, Hirer ratings, and Dedicated Worker status. The Hirer acknowledges that these processes are essential to the operation of the Employment Business and the Application and that revoking this agreement would render it unable to access the services or the Application. This agreement is also necessary to comply with the Data Protection Laws.

4. INFORMATION TO BE PROVIDED BY THE EMPLOYMENT BUSINESS TO THE HIRER

  • 4.1.When Introducing an Agency Worker to the Hirer the Employment Business shall inform the Hirer:
  • 4.4.1. of the identity of the Agency Worker;
  • 4.1.2. the experience, training, qualifications and any authorisation which the Hirer considers are necessary, or which are required by law, or by any professional body, for the Worker to possess in order to work in the position; and
  • 4.1.3. that the Agency Worker is willing to work in the Assignment; and
  • 4.1.4. of the Charges.
  • 4.2.The Hirer will be provided with details of Agency Workers who have confirmed to the Employment Business that they possess the necessary experience, training, qualifications, and authorizations required by law or any professional body to work on an Assignment. These details will be made available via the Application, based on the chef’s profile and accepted by the Hirer and pursuant to the process outlined in clause 3.2. Only those Agency Workers who meet the criteria specified by the Hirer will be provided, ensuring that the information provided is relevant and meets the Hirer's requirements.
  • 4.3.Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following, save where the Agency Worker is Introduced for an Assignment in the same position as one in which the Agency Worker had previously been supplied within the previous 5 business days and such information has already been given to the Hirer, unless the Hirer requests that the information be resubmitted.

5. TIMESHEETS

  • 5.1The Agency Worker shall input the number of hours worked during the preceding shift of an Assignment, in the "Working Hours" page of the Application, within 6 hours of the end of such shift. If the Assignment is for only one Shift, the hours worked during that Assignment should be inputted within the same timeframe.
  • 5.1.1 The Hirer shall promptly, and in any event within 48 hours of receipt of a notification from the Employment Business via the Application, access the appropriate page of the Application to review and approve the number of hours worked during the preceding week (or the Assignment, if for less than a week) inputted therein by the Agency Worker.
  • 5.1.2. In the event that the Agency Worker has failed to input the hours worked as envisaged in clause 5.1.1, the Hirer shall access the appropriate page of the Application within 48 hours of the notification from the Employment Business, and input the number of hours worked by the Agency Worker during the preceding week (or the Assignment, if for less than a week).
  • 5.1.3.If requested by the Agency Worker, the Hirer shall within 48 hours of the request, sign the Timesheet provided by the Employment Business, stating the number of hours worked by the Agency Worker during that week. This process is in addition to, rather than in lieu of, the processes set out at clauses 5.1.1 and 5.1.2 above, and is intended to provide the Agency Worker (where desired) with evidence of the hours worked.
  • 5.1.4.In the event that the Hirer fails to comply with the obligations pursuant to clause 5.1, the Employment Business will input the number of hours worked by the Agency Worker during the Assignment, on the appropriate page of the Application.
  • 5.1.5.By complying with clause 5.1, the Hirer confirms the number of hours worked. If the Hirer is unable to comply with clause 5.1.1 and/or, where relevant, clause 5.1.2, and disputes the hours claimed, the Hirer shall inform the Employment Business as soon as is reasonably practicable. In such circumstances, and where the Agency Worker disagrees with the input made by the Hirer pursuant to clause 5.1.2, the Hirer shall fully and timely cooperate with the Employment Business to establish what hours, if any, were worked by the Agency Worker. Failure to engage with these processes does not absolve the Hirer of its obligation to pay the charges in respect of the hours worked.

6. CHARGES

  • 6.1The Hirer agrees to pay the Charges as notified to and agreed with the Hirer. The Charges are calculated according to the number of hours worked by the Agency Worker and comprise the following:
  • 6.1.1. the Agency Workers hourly rate of pay;
  • 6.1.2. an amount equal to any paid holiday leave to which the Agency Worker is entitled in connection with the WTR and, where applicable, the AWR and which is accrued during the course of an Assignment;
  • 6.1.3. any other amounts to which the Agency Worker is entitled under the AWR, where applicable;
  • 6.1.4. employer’s National Insurance contributions;
  • 6.1.5. any travel, hotel or other expenses as may have been agreed with the Hirer or, if there is no such agreement, such expenses as are reasonable; and
  • 6.1.6. the Employment Business’s commission, which is calculated as a percentage of the Agency Workers hourly rate.
  • 6.1.7. Number of hours worked by the agency worker (usually to the nearest quarter hour) multiplied by the agency worker’s hourly rate of pay (gross) multiplied by a factor (the multiplier).
  • 6.2The Employment Business reserves the right to vary the Charges agreed with the Hirer, by giving written notice to the Hirer:
  • 6.2.1. in order to comply with any additional liability imposed by statute or other legal requirement or entitlement, including but not limited to the AWR, the WTR and the Pensions Act 2008; and/or
  • 6.2.2. if there is any variation in the Relevant Terms and Conditions.
  • 6.3The Employment Business will invoice the Charges to the Hirer on a weekly basis. The Hirer will pay the Charges within 7 days of the date of the invoice.
  • 6.4In addition to the Charges, the Hirer will pay the Employment Business an amount equal to any bonus that the Hirer awards to the Agency Worker in accordance with clause 3.5 immediately following any such award and the Employment Business will pay any such bonus to the Agency Worker. For the avoidance of doubt, the Hirer will also pay any employer’s National Insurance Contributions and the Employment Business's commission on the bonus (calculated using the same percentage rate as that used under clause 6.1.6) in addition to any bonus payable to the Agency Worker.
  • 6.5VAT is payable at the applicable rate on the entirety of the Charges and all sums payable under clause 6.4.
  • 6.6The Employment Business reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
  • 6.7The Employment Business will not refund any of the Charges.
  • 6.8The Hirer’s obligations under this clause 6 shall be performed without any right of the Hirer to invoke set-off, deductions, withholdings or other similar rights.
  • 6.9 The Hirer consents to the Employment Business conducting credit checks on it. Such checks may be conducted at any times following entry into these Terms and on more than one occasion, and the Hirer shall promptly provide the Employment Business with any information requested by it in connection with the same. Without prejudice to the generality of clause 11 below regarding termination of Assignments, the Employment Business may in its sole and absolute discretion render the commencement or continuance of any Assignment subject to and conditional on the Hirer paying to the Employment Business in advance of commencement or continuation of the Assignment a sum equal to the Employment Business's best estimate (in its sole and absolute discretion and based on facts reasonably available to it at the relevant time) of the Charges likely to be incurred by the Hirer in connection with the relevant Assignment. Where the Hirer makes such a pre-payment the Employment Business will still invoice the Charges to the Hirer on a weekly basis in accordance with clause 6.5. No payment shall be required in respect of an invoice issued in such circumstances unless the Employment Business, in its sole and absolute discretion, requires that the Hirer within 7 days of the date of the invoice pays to the Employment Business via Direct Debit a Sum equal to the amount (if any) by which the Charges on the relevant invoice exceed the pre-payment made by the Hirer in respect of the period covered by the invoices and/or previous invoices in respect of the same Assignment. Where applicable the Employment Business will within 14 days of the date of the final invoice in respect of an Assignment reimburse the Hirer in respect of the amount (if any) that the pre-payment made by the Hirer in respect of the relevant Assignment exceeded the Charges actually incurred by the Hirer in respect of the same. For the avoidance of doubt, the Hirer agrees that no interest shall be payable by the Employment Business in respect of any such excess.

7. PAYMENT OF THE AGENCY WORKER

The Employment Business is responsible for paying the Agency Worker and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Agency Worker pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.

8. TRANSFER FEES

  • 8.1The Hirer shall be liable to pay a Transfer Fee if the Hirer Engages an Agency Worker Introduced by the Employment Business other than via the Employment Business or introduces the Agency Worker to a third party and such introduction results in an Engagement of the Agency Worker by the third party other than via the Employment Business and:
  • 8.1.1.where the Agency Worker has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period; or
  • 8.1.2.where the Agency Worker has not been supplied, such Engagement takes place within 6 months from the date of the Introduction to the Hirer.

The Transfer Fee will be calculated in accordance with Schedule 2.

  • 8.2If the Hirer wishes to Engage the Agency Worker other than via the Employment Business without liability to pay a Transfer fee may, on giving one week written notice to the Employment Business, engage the Agency Worker for the Period of Extended Hire specified in Schedule 2.
  • 8.3.During such Period of Extended Hire the Employment Business shall supply the Agency Worker on the same terms on which s/he has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; and the Hirer shall continue to pay the Charges set out in clause 6. If the Employment Business is unable to supply the Agency Worker for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hirer does not wish to hire the Agency Worker on the same terms as the Assignment; but the Agency Worker is Engaged by the Hirer, the Hirer shall pay the Transfer Fee, reduced pro-rata to reflect any Charges paid by the Hirer during any part of the Period of Extended Hire worked by the Agency Worker before being Engaged by the Hirer. If the Hirer fails to give notice of its intention to Engage the Agency Worker other than via the Employment Business before such Engagement commences, the parties agree that the Transfer Fee shall be due in full.
  • 8.4.Where prior to the commencement of the Hirer’s Engagement other than via the Employment Business the Employment Business and the Hirer agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 pro-rata. Such reduction is subject to the Hirer Engaging the Agency Worker for the agreed fixed term. Should the Hirer extend the Agency Workers Engagement or re-Engage the Agency Worker within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee.
  • 8.5.The Employment Business will not refund the Transfer Fee in the event that the Engagement of the Agency Worker other than via the Employment Business by the Hirer or by a third party to which the Hirer introduces the Agency Worker terminates or terminates before the end of the fixed term referred to in clause 8.4.
  • 8.6.VAT is payable in addition to any Transfer Fee due.

9. SUITABILITY CHECKS AND INFORMATION TO BE PROVIDED IN SPECIAL SITUATIONS

  • 9.1Where:
  • 9.1.1.the Agency Worker is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment, the Employment Business will take all reasonably practicable steps to obtain and offer to provide to the Hirer copies of any relevant qualifications or authorisations of the Agency Worker; and
  • 9.1.2.in addition, where the Assignment involves working with, caring for or attending one or more Vulnerable Persons, the Employment Business will take all reasonably practicable steps to obtain and offer to provide copies to the Hirer of two references from persons who are not relatives of the Agency Worker and who have agreed that the references they provide may be disclosed to the Hirer;

and such other reasonably practicable steps as are required to confirm that the Agency Worker is suitable for the Assignment. If the Employment Business has taken all reasonably practicable steps to obtain the information above and has been unable to do so fully it shall inform the Hirer of the steps it has taken to obtain this information in any event.

  • 9.2.The Hirer shall advise the Employment Business at the time of instructing the Employment Business to supply an Agency Worker whether during the course of the Assignment, the Agency Worker will be required to work with, care for or attend one or more Vulnerable Persons or engage in regulated activity as defined in the Safeguarding Legislation.
  • 9.3.The Hirer shall assist the Employment Business by providing any information required to allow the Employment Business to comply with its statutory obligations under the Safeguarding Legislation and to allow the Employment Business to select a suitable Agency Worker for the Assignment.
  • 9.4.In particular in the event that the Hirer removes an Agency Worker from an Assignment in circumstances which would require the Employment Business to provide information to the Disclosure and Barring Service (or the equivalent authority) under the Safeguarding Legislation, the Hirer will provide sufficient information to the Employment Business to allow it to discharge its statutory obligations.

10. UNSUITABILITY OF THE AGENCY WORKER

  • 10.1.The Hirer undertakes to supervise the Agency Worker sufficiently to ensure the Hirer’s satisfaction with the Agency Workers standards of work. If the Hirer reasonably considers that the services of the Agency Worker are unsatisfactory, the Hirer may assign the Assignment either by instructing the Agency Worker to leave the Assignment immediately, or by directing the Employment Business to remove the Agency Worker. The Employment Business may, in its absolute discretion, in such circumstances, reduce or cancel the Charges for the time worked by that Agency Worker, provided that the Hirer has notified the Employment Business immediately that they have asked the Agency Worker to leave the Assignment or the Assignment terminates:
  • 10.1.1. within 4 hours of the Agency Worker commencing the Assignment where the Assignment is for more than 7 hours; or
  • 10.1.2.within 2 hours for Assignments of 7 hours or less;

and provided that notification of the unsuitability of the Agency Worker is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment.

  • 10.2.The Employment Business shall notify the Hirer immediately if it receives or otherwise obtains information which gives the Employment Business reasonable grounds to believe that any Agency Worker supplied to the Hirer is unsuitable for the Assignment and shall be entitled to terminate the Assignment forthwith without prior notice and without liability. Notwithstanding, the Hirer shall remain liable for all Charges incurred prior to the termination of the Assignment.
  • 10.3.The Hirer shall notify the Employment Business immediately and without delay and in any event within 2 working hours if the Agency Worker fails to attend work or has notified the Hirer that they are unable to attend work for any reason.

11. TERMINATION OF THE ASSIGNMENT

Any of the Hirer, the Employment Business or the Agency Worker may terminate an Assignment at any time without prior notice and without liability (except in the case of termination by the Hirer, who shall be liable for any Charges due under clause 6 above).

12. CONFIDENTIALITY AND DATA PROTECTION

  • 12.1.All information relating to an Agency Worker is confidential and subject to the Data Protection Laws and is provided solely for the purpose of providing work-finding services to the Hirer. Such information must not be used for any other purpose nor divulged to any third party and the Hirer undertakes to comply with Data Protection Laws at all times.
  • 12.2.The Employment Business undertakes to keep confidential all Relevant Terms and Conditions that the Hirer discloses to the Employment Business and not to use such information except for the purposes of compliance with the AWR (including, for the avoidance of doubt and without limitation, when dealing with any request for information or complaint made by any Agency Worker or any AWR Claim).
  • 12.3.Information relating to the Employment Business’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.

13. INTELLECTUAL PROPERTY RIGHTS

  • 13.1.All copyright, trademarks, patents and other intellectual property rights deriving from the Assignment shall belong to the Hirer. Accordingly the Employment Business shall use its reasonable endeavours to ensure that the Agency Worker shall execute all such documents and do all such acts in order to give effect to the Hirer’s rights pursuant to this clause.
  • 13.2.When the Hirer inputs an order on the Application for the supply of an AW's services, the Hirer grants the Employment Business and its group entities a royalty-free, non-exclusive licence to use the Hirer's name, logos, product and service names, and slogans for the purpose of promoting the Employment Business's services, including the Application. The Hirer represents and warrants that they have all the required rights to grant the licence and shall provide the Employment Business with their current name, logos, product and service names, and slogans in the format that the Employment Business reasonably requires upon request.

14. LIABILITY

  • 14.1. Whilst reasonable efforts are made by the Employment Business to give satisfaction to the Hirer by ensuring reasonable standards of skill, integrity and reliability from the Agency Worker and to provide the same in accordance with the Assignment details as provided by the Hirer, no liability is accepted by the Employment Business for any loss, expense, damage or delay arising from any failure to provide any Agency Worker for all or part of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Agency Worker or if the Agency Worker terminates the Assignment for any reason. For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.
  • 14.2.Agency Workers supplied by the Employment Business pursuant to these Terms are engaged under contracts for services. They are not the employees of the Employment Business but are deemed to be under the supervision and direction of the Hirer from the time they report to take up duties and for the duration of the Assignment. The Hirer agrees to be responsible for all acts, errors or omissions of the Agency Worker, whether wilful, negligent or otherwise as though the Agency Worker was on the payroll of the Hirer.
  • 14.3.The Hirer shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Agency Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Agency Worker is to fill the Assignment.
  • 14.4.The Hirer will also comply in all respects with all statutory provisions as are in force from time to time including, for the avoidance of doubt, but not limited to the WTR, the Data Protection Laws, Health and Safety At Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999 (as amended), by-laws, codes of practice and legal requirements to which the Hirer is ordinarily subject in respect of the Hirer’s own staff (excluding the matters specifically mentioned in clause 7 above), including in particular the provision of adequate Employers and Public Liability Insurance cover for the Agency Worker during all Assignments.
  • 14.5.The Hirer undertakes not to request the supply of an Agency Worker to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed by a worker who has been transferred by the Hirer to perform the duties of a person on strike or taking official industrial action.
  • 14.6.The Hirer shall indemnify and keep indemnified the Employment Business against any Losses incurred by the Employment Business arising out of any Assignment or arising out of any non-compliance with, and/or as a result of any breach of, these Terms by the Hirer.
  • 14.7.The Hirer shall inform the Employment Business in writing of any AWR Claim which comes to the notice of the Hirer as soon as possible but no later than 7 calendar days from the day on which any such AWR Claim comes to the notice of the Hirer.
  • 14.8.If the Agency Worker brings, or threatens to bring, any AWR Claim, the Hirer undertakes to take such action and give such information and assistance as the Employment Business may request, and within any timeframe requested by the Employment Business and at the Hirer’s own cost, to avoid, dispute, resist, mitigate, compromise or defend any such AWR Claim and to appeal against any judgement given in respect thereof.

15. NOTICES

  • 15.1.All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, including by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent.
  • 15.2.The Employment Business does not systematically review any comments specified in free text fields on the Application or Work assignment description. These fields serve solely as a means of facilitating communication between Agency Workers and Hirers. The Hirer acknowledges and agrees that inputting data into these fields does not fulfil any obligations to inform the Employment Business of relevant data in writing, as required by these Terms.

16. SEVERABILITY

If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

17. RIGHTS OF THIRD PARTIES

None of the provisions of these Terms are intended to be for the benefit of or enforceable by third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.

18. GOVERNING LAW AND JURISDICTION

These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.

SCHEDULE 1: "COMPARABLE EMPLOYEE”, “QUALIFYING PERIOD” AND “TEMPORARY WORK AGENCY"

“Comparable Employee” means as defined in Regulation 5(4) of the AWR being an employee of the Hirer who:
  • a)works for and under the supervision of the Hirer and is engaged in the same or broadly similar work as the Agency Worker having regard, where relevant, to whether the employee and the Agency Worker have a similar level of qualification and skill; and
  • b)works or is based at the same establishment as the Agency Worker or, where there is no comparable employee working or based at that establishment who satisfies the requirements of (a) above, works or is based at a different establishment and satisfies those requirements.
For the purpose of the definition of “Qualifying Period” in clause 1.1 of these Terms, when calculating whether any weeks completed with the Hirer count as continuous towards the Qualifying Period, where:
  • a)the Agency Worker has started working during an assignment and there is a break, either between assignments or during an assignment, when the Agency Worker is not working;
  • b)the break is:
  • (i) for any reason and not more than six Calendar Weeks;
  • (ii)wholly due to the fact that the Agency Worker is incapable of working in consequence of sickness or injury and the break is 28 Calendar Weeks or less; paragraph (iii) does not apply; and, if required to do so by the Employment Business, the Agency Worker has provided such written medical evidence as may reasonably be required;
  • (iii) related to pregnancy, childbirth or maternity and is at a time in a protected period, being a period beginning at the start of the pregnancy and ending at the end of the 26 weeks beginning with childbirth (being the birth of a living child or the birth of a child whether living or dead after 24 weeks of pregnancy) or, if earlier, when the Agency Worker returns to work;
  • (iv)wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Agency Worker is otherwise entitled which is:
  • i. ordinary, compulsory or additional maternity leave;
  • ii. ordinary or additional adoption leave;
  • iii. ordinary or additional paternity leave;
  • iv. time off or other leave not listed in paragraphs (iv)i, ii, or iii above; or
  • v. for more than one of the reasons listed in paragraphs (iv)i, ii, iii to iv above;
  • (v) wholly due to the fact that the Agency Worker is required to attend at any place in pursuance to being summoned for service as a juror and the break is 28 Calendar Weeks or less;
  • (vi)wholly due to a temporary cessation in the Hirer’s requirement for any worker to be present at the establishment and work in a particular role for a predetermined period of time according to the established custom and practices of the Hirer;
  • (vii) wholly due to a strike, lock-out or other industrial action at the Hirer’s establishment; or
  • (viii)wholly due to more than one of the reasons listed in paragraphs (ii), (iii), (iv), (v), (vi) or (vii); and
  • c)the Agency Worker returns to work in the same role with the Hirer, any weeks during which the Agency Worker worked for the Hirer before the break shall be carried forward and treated as counting towards the Qualifying Period with any weeks during which the Agency Worker works for the Hirer after the break. In addition, when calculating the number of weeks during which the Agency Worker has worked, where the Agency Worker has started working in a role during an Assignment and is unable to continue working for a reason described in paragraph (b)(iii) or (b)(iv)i., ii, or iii., for the period that is covered by one or more such reasons, the Agency Worker shall be deemed to be working in that role with the Hirer for the original intended duration or likely duration of the relevant Assignment, whichever is the longer. For the avoidance of doubt, time spent by the Agency Worker working during an assignment before 1 October 2011 does not count for the purposes of the definition of “Qualifying Period”.
“Temporary Work Agency” means as defined in Regulation 4 of the AWR being a person engaged in the economic activity, public or private, whether or not operating for profit, and whether or not carrying on such activity in conjunction with others, of:
  • a)supplying individuals to work temporarily for and under the supervision and direction of hirers; or
  • b)paying for, or receiving or forwarding payment for, the services of individuals who are supplied to work temporarily for and under the supervision and direction of hirers.
Notwithstanding paragraph (b) of this definition a person is not a Temporary Work Agency if the person is engaged in the economic activity of paying for, or receiving or forwarding payments for, the services of individuals regardless of whether the individuals are supplied to work for hirers. For the purpose of this definition, a “hirer” means a person engaged in economic activity, public or private, whether or not operating for profit, to whom individuals are supplied, to work temporarily for and under the supervision and direction of that person.

SCHEDULE 2: TRANSFER FEES

  • 1.1
Option A:
  • (a)The Transfer Fee referred to in clause 8 shall be calculated as follows: 15% of the Remuneration payable to the Agency Worker during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the Charges multiplied by 270.
  • (b)The Period of Extended Hire, referred to in clause 8, before the Hirer Engages an Agency Worker shall be: 12 weeks.

Please see below our new Bank details/Company Registration & VAT Number for Talentbase. 

Bank Details:

Starling Bank

Account number: 69044687

Sort Code: 60-83-71

Company Registration number:
13949340

VAT Number: 
415085121

Talentbase will invoice your charges on a weekly basis.  

As per our Terms and Conditions, we ask the charges to be paid within 7 days of the date of the invoice. 

Frequently Asked Questions

1) I've booked a chef, what's next?

Once you’ve booked a chef, you are sorted! The chef will be sent a confirmation by us and if in the meantime you have any questions, then please call us.

2) What happens if the chef doesn't show up?

This does happen from time to time. If the chef doesn’t show, please contact us on the office number 01494 875 674. We have a member of the team operating an emergency service outside of office hours.

3) How far in advance do I need to book a chef?

Preferably one week, however we understand that circumstances can change. Please call us as soon as you know you need a chef and we will do our very best to fill the spot.

4) What if I need to cancel or change my booking?

We understand plans can change. Cancellations or changes must be made at least 72 hours in advance to avoid cancellation fees. Please contact us as soon as possible to discuss any adjustments.

5) Can I request a specific chef for my event?

Yes, if you’ve worked with a particular chef before and had a positive experience, we can arrange to have them return. However, availability may vary, so please let us know in advance.

6) What is the minimum duration for a shift?

 6 hours without a break.

7) What if my event or kitchen needs change?

If there are any changes to your requirements, such as the number of guests or the scope of work, please let us know as soon as possible. We will adjust staffing accordingly and ensure our chefs are prepared for the new plan.