Health Care Assistants

Terms & Conditions of Business (Home Care)

Care Support Leicester Limited supplies staff at your request under the following conditions

1. Definitions

Member – Means a member of staff by Care Support Leicester Limited for example, Carer (HCA) Domestic, (SUPP)
Client- means any person, firm or cooperate body requesting a member of staff.
The assignment, shift, booking- means the complete time allocation as required by the client.
Care support Leicester Limited – means the company providing the supply of available and booked staff members and hereinafter will be known as Care Support Leicester

2. Contract of Supply

By the engagement of a staff member from Care Support Leicester the client by default is accepting these terms and conditions of business, which as a matter of policy are issued on the first contact and are readily available if lost or mislaid. No vibration 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.

3. Satisfaction Guarantee

In the event of a client being unhappy with the ability of a staff member supplied by Care Support Leicester 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.

4. Charge Rate Calculations

The staff member has given authorisation to Care Support Leicester to collect their monies due for the hours worked from the client and the client therefore agrees to do so via Care Support Leicester 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 Care Support Leicester 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 Care Support Leicester services also with VAT being due on services other than care. Travel is charged at £3.75 per visit per carer. Additional ad-hoc expenses will only take place after agreement between the Registered Manager and the client.

5. National Insurance and Tax

Legislation dictates that for the purpose of PAYE only, staff members of Care Support Leicester 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 Care Support Leicester and entrust that Care Support Leicester will deliver the appropriate deductions to the correct government body.

6. Payment

Charges will be invoiced weekly in arrears. Any queries should be notified to Care Support Leicester 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 with pay promptly in full. Invoices will still be enforceable and remain due in the event of any invoice queries. Credits if due can be applied/ deducted from the next invoice/ payment.  

7. Credit Terms

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 Care Support Leicester 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.

8. Booking / Cancellations

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 Care Support Leicester would do everything within its ability to cover the said shift.

9. Time Sheets

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 Care Support Leicester 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.

10. Recruitment of Care Support Leicester Limited Staff

Care Support Leicester is not against any staff member 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 Care Support Leicester 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 of no less than 37.5 hours per week from the date of it being bought to the attention of Care Support Leicester. Please note that running your own recruitment advertising during a temp to perm or introduction does not waive the above charge under any circumstances.

11. Complaints

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.

12. Criminal Records Bureau

All healthcare staff will be required  to undergo a criminal record check at enhanced level via CRB ( Criminal Record Bureau) which includes a POVA and POCA check and in the event of adverse information each candidate will be judged on is own merit as per the Rehabilitation of Offenders Act 1974.

13. Liability

Within its quality system Care Support Leicester makes every effort to ensure the skills, integrity and reliability of each staff member is 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 Care Support Leicester 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 Care Support Leicester in all cases against costs, claims, damages and expenses incurred from any act carried out by the Care Support Leicester staff member in the context of these terms and conditions.

14. Adequate Rest Periods

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 Care Support Leicester staff member to ensure breaks are taken. Breaks are not normally charged unless relief of duty is not possible.

15. Equality, Diversity & Rights

Care Support Leicester is committed to enforcing all current legislations that promotes the equality, diversity and rights of each individual client and staff members and similarity request that each client does also and in this case of a private patient expect a reasonable adherence.

16. Violence

Care Support Leicester does not and will not tolerate violence or abuse whether it is physical or mental and in such event will cancel all psychological, physical and financial loss or/ and damage.

17. Termination

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.

18. Law

These terms and conditions or 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 Care Support Leicester (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 Care Support Leicester staff member.

Any queries regarding these terms and conditions of business shall be addressed to the Managing Director of Care Support Leicester and similarly no alterations or variations will be accepted unless confirmed in writing by the Managing Director of Care Support Leicester

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 Care Support Leicester office.
A copy of these terms and conditions is always furnished to the client on the first assignment.

Signed in agreement as or on behalf of the client:

Head Office
LWA Holdings (UK) Ltd; 4 Cartwright Court, Forest Business Park, Coalville, Leics. LE67 1UE
Tel: 01530 832614 Fax: 01530 813494

Registered in England No. 6804695