Legal

Terms of Business

These Terms of Business govern the relationship between Bright Transitions Talent and all Clients and Candidates who use our services. Please read them carefully.

Last updated: May 2026  |  Version 1.0

Important notice: These Terms of Business constitute a legally binding contract. By registering with Bright Transitions Talent, posting a vacancy, or engaging our services in any capacity, you confirm that you have read, understood, and agreed to these terms. If you do not agree, please do not use our services. These terms should be read alongside our Privacy Policy.

1. About Us

Bright Transitions Talent is a trading name of Bright Transitions, a specialist health and social care recruitment and temporary staffing agency operating in England. We operate as an Employment Agency (for permanent and fixed-term placements) and as an Employment Business (for temporary and bank staffing) within the meaning of the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

Registered address: Registered in England and Wales

Recruitment enquiries: [email protected]  |  07856 005 704

Temporary staffing enquiries: [email protected]

Main website: www.brightransitions.org

2. Definitions

In these Terms of Business, the following definitions apply:

Agency

Bright Transitions Talent, trading as part of Bright Transitions.

Client

Any organisation or individual that engages the Agency to introduce or supply Candidates.

Candidate

Any individual registered with the Agency who is seeking employment or temporary work.

Introduction

The provision of a Candidate's details to a Client, whether in anonymised or full form, through any channel.

Engagement

Any employment, contract, or arrangement under which a Candidate provides services to a Client, whether directly or through a third party.

Introduction Fee

The fee payable by a Client to the Agency upon the Engagement of a Candidate introduced by the Agency.

Temporary Assignment

A period during which a Candidate is supplied by the Agency to work for a Client on a temporary basis.

3. Introduction Fees — Permanent & Fixed-Term Placements

3.1. Fee Basis
Where the Agency introduces a Candidate to a Client and that Candidate is subsequently Engaged by the Client (or by any associated company, subsidiary, or third party to whom the Client refers the Candidate), an Introduction Fee becomes payable to the Agency.
3.2. Fee Structure
Introduction Fees are charged on a flat-fee basis as follows:
Role LevelIntroduction Fee
Support Worker / Senior Support Worker£250
Deputy Manager / Team Manager£300
Registered Manager£400
Responsible Individual£400
Specialist Nurse / Therapist£350

All fees are exclusive of VAT. VAT will be charged at the prevailing rate where applicable.

3.3. When Fees Become Payable
The Introduction Fee becomes payable upon the Client's decision to Engage the Candidate — that is, upon the acceptance of a job offer, the signing of a contract, or the commencement of a trial period, whichever occurs first. The fee is not contingent on the Candidate completing a probationary period.
3.4. Rebate Policy
The Agency operates a goodwill rebate policy as follows, where a Candidate leaves within the specified period through no fault of the Client:
0–4 weeks:75% rebate or replacement Candidate at no additional charge
5–8 weeks:50% rebate
9–12 weeks:25% rebate
After 12 weeks:No rebate

Rebates are not payable where the Candidate's departure is due to the Client's conduct, redundancy, or a change in the Client's requirements. Rebates are also not payable where the Client has not paid the Introduction Fee within the agreed payment terms.

4. The 12-Month Non-Circumvention Clause

4.1. Scope
This clause applies to all Clients who have received an Introduction from the Agency, whether or not a full profile unlock has been purchased.
4.2. The Obligation
If a Client Engages a Candidate introduced by the Agency — directly, indirectly, or through any third party — within 12 months of the date of Introduction, the full Introduction Fee as set out in Clause 3.2 becomes immediately payable, regardless of whether the Client has previously paid any fee to the Agency in respect of that Candidate.
4.3. Breach Penalty
Where a Client circumvents these Terms by engaging a Candidate without paying the Introduction Fee, the Client shall be liable for the Introduction Fee plus a Breach Penalty of £2,500. This penalty reflects the Agency's reasonable estimate of the administrative costs, loss of revenue, and reputational damage caused by circumvention.
4.4. Legal Basis
This clause is enforceable under the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Regulation 10) and the general law of contract. The Agency reserves the right to pursue unpaid fees through the courts.
4.5. Notification Obligation
The Client agrees to notify the Agency promptly if they wish to Engage a Candidate introduced by the Agency. Failure to notify does not extinguish the obligation to pay the Introduction Fee.

5. Temporary Staffing — Terms for Employment Business

5.1. Charge Rates
For temporary assignments, the Client is charged an hourly rate comprising the Candidate's pay rate plus the Agency's margin. Current margin rates are published on the Temporary Staffing page of this website and are subject to change with reasonable notice.
5.2. Timesheets and Invoicing
Timesheets must be approved by the Client within 48 hours of submission. Approved timesheets are invoiced weekly or monthly as agreed. Payment terms are 14 days from invoice date. Late payment may incur interest at 8% above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998.
5.3. Agency Worker Regulations 2010
The Agency will track the 12-week qualifying period for each Candidate at each Client placement and will notify the Client at week 10. From week 12, the Client must ensure the Candidate receives pay and working conditions no less favourable than those of comparable directly employed workers. The Client agrees to provide the Agency with accurate information about the pay and conditions of comparable employees upon request.
5.4. Temp-to-Perm Transfer
If a Client wishes to Engage a temporary worker on a permanent or fixed-term basis, a Transfer Fee is payable. The Transfer Fee is calculated as the applicable Introduction Fee set out in Clause 3.2, less any amounts already paid to the Agency in respect of that worker's temporary assignment. Alternatively, the Client may extend the temporary assignment for a further 8 weeks, after which no Transfer Fee is payable.
5.5. Supervision
The Client is responsible for the day-to-day supervision, direction, and control of temporary workers during their assignment. The Client must ensure that temporary workers are given adequate induction, access to relevant policies, and appropriate supervision in accordance with CQC and Ofsted requirements.

6. Safer Recruitment and Compliance

6.1. Pre-Employment Checks
The Agency will, as a minimum, verify the following for all Candidates before introducing them to Clients: proof of identity, Enhanced DBS certificate with relevant Barred List checks, Right-to-Work in the UK, and two satisfactory references. Additional checks may be carried out depending on the role and setting.
6.2. Client Responsibility
Notwithstanding the checks carried out by the Agency, the Client remains responsible for satisfying itself that each Candidate is suitable for the specific role and setting, in accordance with the requirements of the Care Quality Commission, Ofsted, and any other relevant regulatory body. The Agency's checks do not transfer regulatory responsibility to the Agency.
6.3. Disclosure of Material Information
The Client agrees to inform the Agency immediately of any concerns about a Candidate's conduct, performance, or suitability during or after an assignment. The Agency agrees to do the same in respect of any information that comes to its attention.

7. Data Protection

7.1. Data Controller Status
Bright Transitions Talent is a Data Controller under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Our ICO registration number is ZB00014018565.
7.2. Candidate Data
By registering with the Agency, Candidates consent to the Agency processing their personal data (including special category data such as criminal records information) for the purposes of assessing suitability for roles, conducting compliance checks, and introducing them to Clients. Full details are set out in our Privacy Policy.
7.3. Client Data
The Agency will process Client contact and organisational data for the purposes of managing the recruitment relationship, invoicing, and compliance record-keeping. This data will not be shared with third parties except as required by law or as necessary to fulfil the Agency's obligations.
7.4. Retention
Recruitment records, including compliance documentation, will be retained for a minimum of 7 years after the end of the employment relationship, in accordance with CQC guidance.

8. Liability

8.1. Limitation
The Agency's liability to the Client in respect of any claim arising from these Terms of Business shall not exceed the total fees paid by the Client to the Agency in the 12 months preceding the claim.
8.2. Exclusions
The Agency shall not be liable for any indirect, consequential, or economic loss arising from the conduct, performance, or unsuitability of a Candidate, or from the Client's failure to comply with its own regulatory obligations.
8.3. Nothing Excluded
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

9. Governing Law

These Terms of Business are governed by and construed in accordance with the law of England and Wales. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10. Amendments

The Agency reserves the right to amend these Terms of Business at any time. Clients and Candidates will be notified of material changes. Continued use of the Agency's services following notification of changes constitutes acceptance of the revised Terms.

Questions About These Terms?

If you have any questions about these Terms of Business, please contact us:

[email protected]07856 005 704