Employer terms of business

About these terms

These terms of business apply between Changing Lanes Limited (company number [to be confirmed: company number], registered office [to be confirmed: registered office address]) ("Changing Lanes") and the organisation that registers for the employer portal, posts a vacancy or asks us to introduce candidates (the "Employer"). They are accepted by a person with authority to bind the Employer when registering, and apply to every introduction. They include the Employer data sharing agreement and the Acceptable use policy. No other terms apply unless we both sign them.

Our service

We act as an employment agency under the Employment Agencies Act 1973 and the Conduct Regulations, introducing work-seekers to the Employer for permanent employment directly with the Employer. We do not supply temporary workers and are not the employer of anyone we introduce. We do not charge work-seekers any fee.

Before we start

• We verify each Employer before any vacancy is published or candidate details are shared.
• For each vacancy the Employer must give us, and we will confirm in the vacancy record, the information the Conduct Regulations require: the identity of the Employer and the nature of its business; the start date and likely duration; the job title, duties and responsibilities; the location and hours; the experience, training, qualifications and authorisations the Employer considers necessary or the law requires (for example licence category and Driver CPC); any health and safety risks known to the Employer and the steps taken to prevent or control them; the minimum pay and any expenses; the length of notice; and the intervals of payment.
• Every vacancy is moderated by our staff before it is published. We may ask for changes or refuse a vacancy that is inaccurate, unlawful, discriminatory or unsafe.

Vacancy standards

Vacancies must be genuine and lawful; describe pay, hours, location, duties, licence, Driver CPC and experience requirements and safety risks accurately; must not discriminate unlawfully (for example by age, sex, race, religion, disability or any other protected characteristic under the Equality Act 2010) unless a lawful exception applies; and must pay at least the National Minimum Wage. The Employer must tell us promptly when a vacancy is filled, withdrawn or changed.

Introductions

• We introduce a candidate only with the candidate's consent, when they apply to the vacancy (or, if they made their profile discoverable, when the Employer finds them through the portal).
• An introduction happens when we (or the portal) give the Employer a candidate's details or the Employer interviews a candidate we have put forward — whichever is first.
• When we introduce a candidate we confirm, as the Conduct Regulations require, the checks we have made — including the candidate's identity and that they have the licence categories and Driver CPC status the vacancy needs and are willing to work in the role — and tell the Employer about anything we know that makes them unsuitable. Where we have not been able to confirm something, we say so.
• Candidate details are shared under the Employer data sharing agreement. The Employer must not pass them to anyone else.

The Employer's obligations

Before the candidate starts work the Employer must, itself:

• check the candidate's right to work in the UK (Immigration, Asylum and Nationality Act 2006) — this remains the Employer's legal responsibility;
• check the candidate's driving licence entitlement (for example using the DVLA "view or share your licence" service), Driver CPC (Driver Qualification Card), tachograph card and any medical requirement for the role;
• provide the induction, training, equipment and safe systems of work the role needs;
• give the candidate a written statement of terms and pay as employment law requires.

The Employer must confirm interview outcomes, offers, start dates and whether the driver is still employed at 13 weeks through the portal when asked; this evidence is needed for our records and for any funded outcome.

Fees

• An introduction fee is payable only by the Employer, and only if the Employer (or an associated organisation) employs or engages a candidate we introduced within 12 months of the introduction. The fee is: [to be confirmed: employer introduction fee (amount or percentage, and what it is calculated on)]. The fee applicable to a vacancy is shown in the Employer's fee schedule or quote before the introduction.
• Funded places: no placement fee is charged for a driver whose training was on a funded place where the funding contract does not allow it; our system refuses such an invoice.
• The fee is invoiced when the candidate starts work and is payable within [to be confirmed: invoice payment terms (days)] days of the invoice date. Fees are subject to VAT where applicable ([to be confirmed: VAT registration number (or confirmation the company is not VAT registered)]).
• We may charge statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 on late payments.
• An optional retention-support service may be offered for a separate fee, only if agreed in writing.

Rebate if the driver leaves early

If an introduced driver's employment ends within the rebate period (13 weeks from the start date unless the fee schedule says otherwise), for any reason other than redundancy or the Employer's breach of these terms, the Employer may apply for a credit against the fee in line with this scale: [to be confirmed: employer rebate or credit scale if an introduced driver leaves early]. The Employer must tell us within 7 days of the employment ending and must have paid the invoice in full within the payment terms. A credit is decided by a member of our staff and a second person approves it.

Work-seeker protections

The Employer must not ask an introduced candidate for any fee, deposit or payment for being introduced or employed. Under the Conduct Regulations we cannot make a work-seeker's use of our service conditional on them using other paid services, and we will not withhold introductions because a work-seeker has used another agency.

Use of the portal

Employer users must keep their sign-in details secure, use the portal only for the Employer's recruitment, and follow the Acceptable use policy. The Employer is responsible for its users.

Confidentiality

Each party keeps the other's confidential information confidential, except as needed to perform these terms or as the law requires.

Liability

We introduce candidates with reasonable care and make the checks described above, but the decision to employ is the Employer's. We are not liable for any loss arising from the Employer's decision to employ a candidate, the candidate's conduct or performance, or the Employer's failure to carry out its own checks. Our total liability under these terms in any 12-month period is limited to the introduction fees paid by the Employer in that period. Neither party is liable for indirect loss or loss of profit. Nothing limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law.

Ending these terms

Either party may end these terms by written notice. Fees for introductions already made remain payable. We may suspend or end the Employer's access immediately for a serious breach of these terms, the data sharing agreement or the acceptable use policy.

Changes

We may change these terms; a material change will be shown in the portal and must be accepted before further use. The version accepted is recorded against the Employer's account.

Complaints and law

Please raise any concern with us first (Complaints policy and procedure). The Fair Work Agency enforces the Conduct Regulations and can be contacted about an agency's conduct. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

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