Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agency” means Henry Schein Practice Services Ltd trading as Henry Schein Practice Services Ltd (Company No: 07605595) whose registered office is Pacific House Stanier Way, Wyvern Business Park, Derby, DE21 6BF
“Candidate” means any person being an individual who is a work seeker using the Services for the purposes of finding a permanent full time or part time employment position or locum work;
“Client” means any person, firm or company including any associates or subsidiaries to whom the Candidate may be introduced with a view to the Client employing the Candidate; and
“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended.
“Services” means the employment agency services provided by the Agency to the Candidate as set out in these Terms and Conditions.
“Vacancy” means any vacancy being advertised by the Agency for a Client.
- Status of the Agency
1.1. The Agency acts solely as an employment agency under the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“the Conduct Regulations”).
1.2. The Agency’s service is limited to introducing candidates to dental practices or other hirers seeking to engage staff.
1.3. The Agency does not employ candidates or act as an employment business.
- Services Provided
2.1. The Agency will review your details and, with your consent, introduce you to Clients in relation to any Vacancy that appears suitable based on your qualifications, experience and the type of position you have expressed an interest in pursuing.
2.2. You will have the facility to browse vacancy advertisements and apply for any vacancies that you so .
2.3 The Agency cannot guarantee that it will succeed in securing you any interviews, offers, or engagement with Clients in relation to a Vacancy.
2.4 Whilst the Agency shall use its reasonable endeavours to inform you of vacancies that meet your requirements, it does not undertake or guarantee that any such vacancies will be available or that it shall inform you of all or any particular available vacancies.
- Candidate Information
3.1. You agree to provide us with, to the best of your knowledge, accurate, complete, and up-to-date information about your qualifications, previous work experience, GDC registration or any other authorisations required by law or any relevant professional body in your line of work or required for the Vacancy, right-to-work documents, references, identity information, contact information, date of birth, and any other reasonable information necessary for the Vacancy you wish to pursue, plus any additional information required under the Conduct Regulations as these may be amended from time to time.
3.2 In the event that the information submitted to the Agency by you becomes incorrect, inaccurate, incomplete or out-of-date, you must submit appropriately revised information to the Agency as soon as is reasonably possible.
- Your Obligations
4.1. You are responsible for ensuring you hold all relevant qualifications, registrations, and legal authorisations required for the Vacancy.
4.2. You must inform the Agency if there are any reasons that may reasonably be deemed to affect your suitability for the Vacancy including relating to your experience, disciplinary or regulatory issues, or generally relating to your suitability to put forward for the Vacancy.
4.3. You should attend interviews arranged on your behalf by the Agency in relation to the Vacancy and agree to notify the Agency as soon as reasonably possible ahead of the proposed date of the interview if you can no longer attend.
4.4. You agree to provide the details of two relevant referees, should a Client wish to engage you for a Vacancy.
- No Fees to Candidates
5.1. The Agency does not charge candidates for registration, introductions, or placements in accordance with the Conduct Regulations. The Agency is engaged and paid by its Clients to fill the Vacancies.
5.2. No deductions or charges will be made except for optional services that are legally permitted and agreed in writing, which we will discuss with you in advance.
- Applications, Introductions and Engagements
6.1. When applying for a vacancy, you must ensure that you:
- have read the complete details of the Vacancy;
- understand the requirements of the Vacancy;
- meet the requirements of the Vacancy;
- possess any requisite qualifications required for the Vacancy; and
- have the necessary GDC licence or other recognised authorisation required by law or professional body to undertake the Vacancy.
6.2 When completing forms or any other application documents, you shall ensure that the details included on the form are to the best of your knowledge, true, accurate, complete and up to date.
6.3 The Agency may in its sole discretion decide not to forward your application to any Client if the Agency considers your application does not comply with these Terms and Conditions.
6.4 An “Introduction” occurs when the Agency provides your contact details (normally your CV) to a Client with your consent.
6.5 You agree to inform the Agency promptly if you accept an engagement with a Client following an Introduction or otherwise.
6.6 You must carefully check the employment contract and any offer letter that you receive from the Client. You acknowledge and agree that the terms and conditions contained in those documents will constitute your terms of employment, that those documents take precedence over other communications regarding your offer of employment, and that it is your sole responsibility to raise any queries or discrepancies with the Client before accepting any employment contract / offer letter.
6.7 You agree to promptly let us know if you have been successful in relation to any Vacancy that we have put you forward for and provide us with information in relation to your start date and the terms (including total remuneration / package) that you have agreed to for your new employment.
6.8 If you find a job elsewhere, you agree to notify us that you are no longer actively looking for a new position so that we can stop putting you forward for any new Vacancy.
- Freedom to Seek Work Elsewhere (Non-Restriction Clause)
7.1. Nothing in these Terms restricts your freedom to seek work, register with other agencies, or apply directly to any hirer or employer. It follows the Agency does not require you to work exclusively with us to find a new position.
7.3. You are under no obligation to inform the Agency of any applications, interviews, or employment you pursue independently, though as set out in clause 6.4 it would be helpful to know if you have found employment elsewhere so that we do not continue putting you forward for potential positions when you are no longer looking for one.
7.4. Henry Schein Dental Recruitment will not request or require information about any future or potential employers you may be considering unless the role results from an Introduction made by the Agency.
7.5. The Agency will not impose any penalty or disadvantage on you for choosing other sources of employment.
- Data Protection
8.1. Your personal data will be processed in accordance with all Data Protection Legislation (as updated from time to time).
8.2. Your details will only be shared with Clients with your prior consent.
- Liability
9.1. The Agency is not responsible for the actions or omissions of any Client, including relating to the interview processes, job offers, or contractual terms.
9.2 The Agency does not undertake or guarantee that the Vacancy advertisements and other information made available to you will be complete, accurate or up-to-date.
9.3. You are responsible for assessing the suitability of any role offered to you as to whether it suits your needs and regarding whether you have the experience and qualifications to meet the requirements of the position.
9.4 The Agency shall not be liable to you for the loss of any information, data, CVs or other materials supplied by you.
9.5 The Agency shall not be liable to you for your failure to secure employment with any of its Clients whether caused by the negligence of the Agency, its employees or agents, or any other cause.
9.6 If the Agency is in breach of these Terms and Conditions, it shall only be responsible for any losses to the extent that they were foreseeable to both you and the Agency as a consequence of such breach, but in any event the Agency shall not be liable for any business loss, loss of profit, indirect or consequential loss or business interruption.
- Indemnity
You shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings incurred or sustained by the Agency which arise out of your use of the Services (including results achieved or unachieved), the Agency’s submission to any Client of any incorrect or incomplete information provided to the Agency by you (whether or not that information is required by these Terms and Conditions), or the Agency’s submission to any Client of any application made by you for a Vacancy where that application contains any incorrect or incomplete information provided to the Agency by you, or any breach of any of these Terms and Conditions by you.
- Termination of Candidate Registration
11.1. You may request that your details are removed from the Agency’s recruitment candidate database at any time.
11.2. The Agency may suspend or remove your registration for any reason at its sole direction, but in particular where it believes that information provided may be inaccurate or misleading.
- Force Majeure
Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing any of their obligations thereunder where such failure or delay results from any event, cause or circumstance that is beyond the reasonable control of that Party. Such event, cause or circumstance includes, but is not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, epidemic, pandemic or other natural physical disaster, acts of terrorism, acts of war, governmental action or any other similar or dissimilar event that is beyond the control of the Party in question.
- Notices
All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Agency or by the Candidate.
Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
- when sent, if transmitted by e-mail and a successful return receipt is generated; or
- on the second business day following mailing, if mailed by national ordinary first-class mail, postage prepaid.
All notices these Terms and Conditions shall be addressed to the most recent address or e-mail address notified to the other Party.
14 Complaints Procedure
14.1 In the event that you wish to make a complaint or have any feedback in relation to the Services, please contact us via Email (contact@hsdrecruitment.co.uk), Phone (01332 609318) or by Post (Henry Schein Practice Services Limited t/a Henry Schein Dental Recruitment, Pacific House, Stanier Way, Derby, DE21 6BF).
14.2 We will aim to acknowledge your complaint within 5 working days and provide a final response within 8 weeks of initial receipt of your complaint, but often a lot sooner than this. For more information about our complaints procedure please visit our website: https://hsdrecruitment.co.uk/complaints-procedure/
15 Relationship of Parties
Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent (other than the agency necessarily arising by law by virtue of the Agency acting as an employment agency), or of employer and employee between the Agency and the Candidate.
16 Third Parties
Nothing in these Terms and Conditions shall confer any benefit on or be enforceable by any party that is not a party to these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999
17 Severance
In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
18 Modification and Entire Agreement
18.1 The Agency may modify these Terms and Conditions at any time. In the event that it makes any modifications, it shall forthwith publish details of them on the agency website at https://hsdrecruitment.co.uk/. It shall also send an email to you detailing the modifications.
18.2 If you do not agree to be bound by any modified terms and conditions the Agency introduces, you must immediately cease using the Services upon publication of those modified terms and conditions.
18.3 These Terms and Conditions as modified in accordance with this Clause 17 shall represent the entire agreement between you and the Agency, and it supersedes all previous agreements, terms, conditions, representations or claims which may have been made or agreed upon between them.
19 Governing Law
These Terms are governed by the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction. In the event of any dispute, the parties shall first attempt to resolve the dispute by way of mediation before engaging in court proceedings.
