Why does Eaglecliff need a copy of my Passport or Work Permit or Visa?

The Conduct of Employment Agencies and Employment Business Regulations, known as the EAA Regulations, came into force in England, Wales and Scotland on 6th April 2004. Under this legislation, we are required to obtain confirmation of a candidate’s identity and prove that they are able to operate legally within the United Kingdom.

Why does Eaglecliff need the Contact details for my Next of Kin?

In the event of an Emergency or accident on site resulting in the injury of one of our Contractors, we need to be able to inform the Next of Kin. In order to avoid any unnecessary delays, we always ask for this information from the outset.

What level of Cover is needed for Professional Indemnity Insurance?

The Consultancy Agreement states that the Supplier must be covered by appropriate professional indemnity insurance in connection with the Services and that the Supplier will need to supply Eaglecliff with evidence of this cover on request. We would suggest cover of One Million Pounds. However depending on Work Location and your own individual circumstances, you may need to take out additional insurance, especially if you are working offshore or in a medical or potentially dangerous job role.

Am I covered by [the Client’s] Insurance Policy while on Business Travel?

Anyone travelling on Company Business would be covered by the standard Company travel policy, including Contractors, provided that Travel has been booked directly by [the Client]. If this is not the case, you will almost certainly need your own Travel Insurance, so check this very carefully if [the Client] has not booked your Travel arrangements.

Who should I address my Queries to regarding Accounts, Payments and Contract Documentation?

Queries regarding Accounts and Payments should be addressed to;

Wendy Flegg

Email: wendy@eaglecliff.co.uk

Tel: 01732 464644

Queries regarding Contract Documentation should be addressed to;

Sophie Ling

Email: Sophie@eaglecliff.co.uk

Tel: 01732 464644

How soon do I need to return the Contract Documentation to Eaglecliff?

The Contract Documentation needs to be signed electronically within DocuSign and returned to Eaglecliff within seven days of receipt or sooner. All documentation needs to be signed and returned electronically via DocuSign prior to commencement of your Assignment. If you have any queries regarding the Consultancy Agreement or the Assignment Schedule, please do not hesitate to contact us immediately.

Do I need to sign and return all copies of the contract documentation that I have received from Eaglecliff or do I keep a copy for my records?

You will need to sign and return all copies. The contract documentation that you have received has not yet been counter-signed electronically within DocuSign by Eaglecliff. Once the contract has been signed by [the Client], or a valid Work Order is received in IQNavigator, Eaglecliff will counter-sign electronically within DocuSign and you will automatically receive a file copy for your own records via DocuSign showing both signatures which will also indicate “Your document has been completed” via email.

I have not yet received a signed file copy of my contract documentation from Eaglecliff? Is there a problem?

Before we are able to return a signed file copy to you, we need to be in receipt of the contract from [the client]. Occasionally, we experience delays but we do aim to clear any outstanding paperwork as soon as possible.

Is the Non-Disclosure Agreement (NDA) a general Agreement covering my terms of employment at [the Client] or a specific one pertaining to payments through Eaglecliff?

The NDA  covers both the work that you are providing (which is defined as ‘work to be carried out by the CONTRACT LABOUR or the IT SERVICES to be rendered under any CONTRACT and any WORK ORDER’: Point 1.30 of the definitions document) and the Terms of the Contract (which I believe will cover the Payments as well).

IPR: What is Eaglecliff Contractually obliged to do?

Eaglecliff is contractually obliged to forward to [the Client] all intellectual property, and rights to it, that the Supplier provides, and that Eaglecliff will do so within one week of such receipt, without retaining copies or intellectual rights.

Opt In or Out?

“Have” or “Have Not” : which should I indicate yes to?

This depends on whether you wish to opt in or out of the Employment Agency Regulations.

If you wish to opt out of the Regulations, please tick that you “have” given notice of your agreement that the Conduct Regulation shall not apply.

If you wish to be covered by these Regulations, please tick that you “have not” given notice of your agreement that the Conduct Regulations shall not apply.

Most contractors Opt Out of the EAA Regs unless you are going through an Agency payroll. Although the Regs protect you against unscrupulous agencies, you also then run the risk of being deemed to be “employed” through the added benefits the protection provides, similar to that of a permanent employee.

A good example of the protection provided by the Agency Regs is the protection you would receive if an end-client went into liquidation. If you opt in, you are protected, and the Agency would have a legal obligation to pay you even though the Agency had not received payment from the end-client. However, if you are working through a professional agency such as Eaglecliff, you do not need a legal document to provide this protection: we would honour that obligation to all of our Contractors as part of our overall Service levels.

So although on the one hand the protection sounds good, you may then find that you have a weaker argument in determining that you are in business within your own right (ie. A true consultant) as you have limited your exposure to financial risk, which could tie you up with an IR35 employment status indicator.

Following Commencement of my Assignment, when should I submit my First Invoice?

Unless otherwise agreed, the first invoice should be submitted after four weeks of work have been completed whether or not it is the beginning, middle or end of a calendar month. If you have agreed to invoice on a calendar monthly basis, submit your first invoice as soon as you have approved time cards at the beginning of the month following your Start Date.

Where and How should I send my Invoices to Eaglecliff?

Invoices can be sent to Eaglecliff via fax, e-mail or post. They should be marked for the attention of Wendy Flegg and should be accompanied by authorised timesheets.

Email:wendy@eaglecliff.co.uk

Post: Eaglecliff Limited, FREEPOST MB1529, Sevenoaks, Kent TN13 1XR

Tel: 01732 464644

Fax: 01732 454543

What happens if a contractor is unable to work due to adverse weather conditions such as snow?

If a contractor is unable to work due to adverse weather conditions such as snow, and when this disrupts travel plans which then make it impossible for the contractor’s work to be undertaken as say it is imperative that the contractor is located at a certain location in order to be able to conduct the work, then it will be at the Manager’s discretion to decide whether or not the Contractor should be paid.

Generally, [the Client] policy for contractors is only to pay when work has been completed so generally, if the contractor is unable to get to the work location, then unfortunately even under adverse weather conditions, which are outside of the control of the contractor, theoretically that contractor would not then be paid.

However, under special circumstances, and with the Manager’s agreement, payment may still be made by [the Client] which in turn will mean that Eaglecliff also will be able to cover the payment to the Contractor.

Deadlines for Entering Timecards

There is a six week deadline for entering Time and Expense details into the IQN system. However, you should enter your time on a weekly basis except for extremely rare circumstances. This helps to ensure that any discrepancies can be easily rectified as well as ensuring that you can be paid quickly and without delays to your Payment. It is also really important from a cash flow perspective so do please enter timecards in IQN weekly.

To enable hours to be entered after the six week deadline, you will would need to contact the IQN helpdesk on  iqcustomerservice@iqnavigator.com with a justification as to why you are entering time after this six week period.

The helpdesk will then contact [the Client] and ask if they can make the necessary adjustments to allow you to enter this time.

Is it possible for the time taken between Eaglecliff receiving my Invoice and my Invoice being paid to be reduced?

Yes, if you are experiencing difficulties for any reason, please contact the Accounts Team. We are always happy to help in whatever way we can and we can usually bring your Payment Date forward under special circumstances. We can also arrange for a Same Day Payment to be actioned at a cost of £25.00.

What is the procedure surrounding self-billing and invoicing?

IQNavigator is a self-billing e-Recruitment solution that is provided by an independent vendor (ie. this is not a [the Client] tool or an Eaglecliff tool). Although IQNavigator is a self-billing solution, we ask the third-party suppliers that we work with to continue to Invoice Eaglecliff on a four-weekly or monthly basis, sending an Invoice to our Accounts team based in Sevenoaks. This works as a protective mechanism which greatly helps to avoid errors due to self-billing which might not otherwise be detected easily and which can sometimes provide  inaccurate information for long periods of time. By asking for an external, third-party Invoice we are able to validate this with the on-line IQNavigator data and if it does not validate correctly, then further investigations are carried out.

Payment Terms

We are always happy to be flexible whenever we can.

Monthly billing is fine and we are absolutely happy with you invoicing for your work at the end of the month.

Our Payment Terms in IQN are unfortunately set at 30 days despite our best endeavours to ask [the Client] to change this as we pay so many direct contractors.

Unfortunately, this has not been possible so we do need to mirror these Payment Terms as otherwise we would not be able to bridge the gap for the [the Client] contractors that we look after.

However, and especially at the start of a new Assignment, and bearing in mind the proximity of Christmas, our Accounts team will be flexible on Payment Terms.

I would suggest that we work to Payment Terms of 14 days for the first three months of your Assignment at [the Client].

If everything has settled down after this period of time, perhaps we can then move to the 30 day period?

If I am claiming Travelling Expenses through my Umbrella company for travel to and from work, should these be highlighted to [the Client] in the timesheet?

No, these only need to be brought to the attention of your Umbrella Company. Expenses should only be claimed from [the Client] for expenses authorised by your Line Manager which will relate specifically to Business travel and not to Travel Expenses in relation to your normal travel to and from work.

Why do I have to submit my timecards weekly, and why am I on 30 day invoicing and payment terms?

The Standard way of working within IQNavigator and as a Payroller through Eaglecliff Recruitment would be to input time worked on a Week by Week basis, usually either on Friday afternoon or on Monday morning.

This will generate an automatic request for approval to your Hiring Manager, which will then generate an email to you and to Eaglecliff confirming that the Timecard is approved.

As IQNavigator is also a Self-Billing Resource Management System, this also triggers the payment mechanism to Eaglecliff Recruitment based on a 60 Day Payment Term period for clearance of funds to Eaglecliff.

These Funds are sent to Eaglecliff via IQNavigator and in turn your Limited Company needs to Invoice Eaglecliff directly, and we then pay your Limited Company directly as quickly as possible.

You can send Invoices on a Four-Weekly basis, or on a Calendar Monthly basis, choosing whichever option works best for you, but if you choose to invoice on a four-weekly basis, this can be easier as you do not need to split timecards mid-week. However, many Contractors like to manage their invoices on a Calendar Monthly basis in line with personal financial commitments and either option is acceptable.

As we have to bridge the gap between the 60 Day Payment Terms that Eaglecliff works to and the 30 Day Payment Terms that we offer to Contractors, by asking Contractors to submit their timecards weekly we are helping to improve the cash flow generated in IQNavigator and this is critical when working on Payroll Mark-Ups.

What is the Procedure for Rate Reviews?

Contractor Rates are not subject to a Review on an Annual basis in the same way that Permanent Employee Salaries are. It is better to avoid having to do.

In order for a request for Rate Review to be evaluated, you will need to prepare a Business Case.

Ideally, this should outline significant changes or measurable changes  in your job role since you started your current role. If you have a completely new role now, this would be even better and we will need details for this.

Your Business Case could include a significant increase in the scope of your responsibilities (e.g. greater global coverage, larger user base, increase in the budget managed) or a wider range of job duties (e.g. business analysis as well as project management) etc. etc.

Rate Reviews are not granted purely on the length of time that you have been working with [the Client], on any increases due to inflation or on the basis that Market Rates have increased since you started your role with [the Client].

You should also please provide the proposed new Rate that you are looking for and the name of your current Hiring Manager within your Business Case.

Once we have your Business Case, we will pass everything across to the Procurement team, who will then liaise with your Hiring Manager. Bench-marking against similar roles may be undertaken by the C+P Team, along with external monitoring if this is needed. The request must be agreed by both the Business and by Procurement before it can become effective within IQN.

It’s best to allow as much time as possible for this to happen and we would suggest initiating the process at least six weeks prior to the End Date of your current Assignment whenever possible.

Provision of Rate Payable to Consultant as well as the Supplier Rate

We ask for this information to be included on the Contract Labour Details document, with the Assignment Schedule and within the initial Request for Information when we work with Third Party Agency Suppliers who are providing ad hoc Contractors within Specialist niche technical or business areas. This information is held in confidence by Eaglecliff and is not disclosed unless specifically requested by the Procurement Team at [the Client]. We are asked to provide this for Contractor Rate Bench-marking which is conducted on the Contractor Payment Rate rather than on the Supplier Payment Rate. For this reason, we need to keep a record of both Rates and if we are asked to provide the Consultant’s Rate, we will pass this over to the Contracts + Procurement team at that time.

We also need to know the Rate paid to the Consultant that a Third Party Agency is representing in order to ensure that each Third Party Agency Supplier is compliant with the Sliding Scale Mark Up mechanisms that we put in place as part of our Payrolling Services.

What do I do if I need to book a Flight and what do I need to do regarding Expenses?

Each business area has their own procedures for this so you will need to address this at a local business level or with your Hiring Manager.

Generally the rule is that the Client will book flights and hotels (through one of their preferred suppliers within the travel sector). Your Hiring Manager should have the details for which Company represents the Travel arrangements for your area within the Business.

For a small number of areas, there are no provisions in place and you would be asked to book your Travel arrangements yourself, getting a Premium Economy Flight, reasonably priced hotels and 2^nd class Rail tickets.

All expenses are to be agreed in advance with [the Client] and these are then inputted in to IQN along with your timecards. These are approved in IQN and then paid, along with your invoice if you are a Limited Company, unless you need a special earlier payment purely for Expenses.

IR35

The Consultancy Agreement for the Supply of Professional Services that we work to has been drawn up by Blake Morgan, a leading City of London law firm who specialise within the Recruitment and Resourcing sectors. Their advice and guidance is often drawn upon by both agencies and corporate companies alike for matters such as IR35 and they regularly chair and attend Seminars on Recruitment and Resourcing related subjects as well.

The Agreements are designed to be neutral of IR35; if you have a genuine reason for your role indicating that it should fall outside IR35, these Agreements will not hold you back on this. However, it is the actual nature of the role itself that should determine this, rather than purely the wording in a contract, as well as other factors such as the range of clients that you provide Services to and the nature of the work, ie. Project-based or Time and Attendance based.

The Consultancy Agreement contains a Right of Substitution, the exclusion of any Mutuality of Obligation between all the parties and there is limited reference to any supervision or control by [the Client]. We also ask Contractors to provide their own Insurance cover as this will also help with IR35 as the provision of Insurance is a useful indicator to the fact that the Contractor is indeed in business on his own account as there is an element of Risk involved, which is adequately covered by the Consultant’s own Insurance Cover. This also highlights the financial costs incurred by the Consultant which again is a good indicator that the Consultant is not a “disguised Employee”.

With regard to IR35, you should always seek your own independent professional advice and always ensure that you are compliant of your own Statutory Liabilities.