Terms of Business | Merriwood

1. Who these terms are between

These terms are between Merriwood ("we", "us") and the organisation booking staff ("you", the client). They apply to every booking made through our website, by phone or by email, and replace any terms you send us unless we agree otherwise in writing. By booking, you confirm you're authorised to agree them on behalf of your organisation.

2. What we do

We act as an employment business. We supply temporary workers who are engaged and paid by us, through PAYE. During a booking they work under your direction and supervision, at your premises or your client's home.

3. Before a worker starts

Before introducing a worker, we confirm their identity and right to work in the UK. We also confirm they have the experience, training and qualifications you've told us the role needs, and, where you ask for one, a current DBS check at the level you need.
You give us the information we need to place the right person: the role, the start date and how long it's likely to last, the hours, where the work is, and any risks to health and safety and the steps you take to manage them.
We confirm the worker's name and the agreed charges to you in writing before they start.

4. Care work and CQC

Where our workers give personal care, you confirm you are registered with the Care Quality Commission for that care, and you give us your CQC provider or location ID. We check it on the CQC register before we create any care shifts.
Care is given under your registration, your care plans and your policies. You stay responsible for assessing, planning and overseeing the care, including medication, and for giving workers the information they need to do it safely.
Tell us straight away if your registration changes, is suspended or is cancelled, or if you receive an Inadequate rating.

5. Your responsibilities

Give each worker an induction, a safe place and system of work, and any equipment or PPE the role needs.
Supervise their work, and don't ask them to do tasks outside the agreed booking or task list without telling us first.
Tell us at once about any accident, complaint, safeguarding concern or poor conduct involving one of our workers.
From their first day, give our workers the same access as your own staff to shared facilities and information about vacancies. After 12 weeks in the same role, give us the information we need to apply equal pay and conditions under the Agency Workers Regulations 2010.

6. Charges, time and payment

Hourly charges, and any rates for nights, weekends and bank holidays, are confirmed to you in writing before a booking starts. VAT is added where it applies.
We charge for the time worked, recorded by the worker clocking in and out on our system. If you think a time is wrong, tell us within 48 hours of the shift. Otherwise the recorded time is accepted.
We invoice weekly. Invoices are due within 14 days. We may charge interest and compensation on late payments under the Late Payment of Commercial Debts (Interest) Act 1998, and pause bookings while an invoice is overdue.

7. Cancelling and changing a booking

You can cancel or change a shift free of charge with at least 24 hours' notice. Shifts cancelled with less than 24 hours' notice, or when the worker has already arrived, are charged in full.
If a worker isn't suitable, tell us within the first four hours of their first shift. We won't charge for that shift and we'll try to send a replacement.
If we can't fill a shift, or a worker can't attend, we'll tell you as early as we can and try to find cover. We aren't liable for a shift we're unable to fill.

8. Taking on one of our workers

If you, or anyone connected with you, employs or engages a worker we supplied, other than through us, within the later of 14 weeks from the start of their first booking with you and 8 weeks from the end of their last booking with you, a transfer fee is payable of 15% of their first year's pay. Instead of paying the fee, you can choose to take the worker for a further period through us, on the same terms, as allowed under regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. Tell us before the worker starts with you.

9. Personal data

We each act as a separate controller of the personal data we share. You'll use our workers' details only to manage their bookings, keep them secure, and not keep them longer than you need. We handle the details of the people we work for in line with our privacy policy.

10. Safeguarding and conduct

If you raise a safeguarding concern about a worker, we'll take them off your bookings while it's looked into, work with you and the local authority, and refer them to the Disclosure and Barring Service where the law requires it.

11. Liability and insurance

We hold employer's liability, public liability and professional indemnity insurance, and will send you the certificates on request.
Because workers work under your direction and supervision, we aren't liable for loss or damage caused by a worker while under your control, except where it results from our own negligence or breach of these terms.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can't be limited by law. Otherwise our total liability for any booking is limited to the charges paid for it.

12. Ending

Either of us can end these terms by telling the other in writing. Bookings already confirmed run to their end unless cancelled under section 7. Sections 6, 8, 9 and 11 continue after these terms end.

13. Complaints and law

If you're unhappy with our service, contact office@merriwood.example or 020 7946 0000 and we'll respond within 14 days. These terms are governed by the law of England and Wales.