Terms and Conditions of Use

These terms and conditions apply to your use of the 999Tom.com website and by accessing this website, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use or access this website.

Your Obligations

Indemnity

Our Rights

Third Party Links

Monitoring

Your Data

Intellectual Property Rights

Limits of Liability

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CLIENT TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT OR CONTRACT STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT

EQUAL OPPORTUNITIES

Complaints

Your Obligations

You agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws; agree not to upload or transmit through the Website, any computer viruses or anything else designed to interfere with the normal operating procedures of a computer. You will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance or inconvenience. You will not use the Website in any manner which violates or infringes the rights of any person, firm or company. You will not attempt any unauthorised access to any part or component of the Website; and, you agree that in the event that you have any right, claim or action against any other User arising out of that User's use of the Website, then you will pursue such right, claim or action independently of, and without recourse to us.

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Indemnity

You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Internet account.

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Our Rights

We reserve the right to: modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

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Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, Goods or other materials or Services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, Goods or Services available on such external sites or resources.

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Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website.

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Your Personal Data

We respect Your personal information and undertake to comply with applicable Data Protection legislation from time to time in place. We confirm that any personal details which You provide to us (or which are available on public registers) from which We can identify You are held in accordance with Our Data Protection Registration Notification. When You register with us We consider the information You provide as private. We use the information for the following purposes: Processing Your Account; for statistical purposes to improve the service we give to You; to administer our business; unless you have already objected during the registration process, to notify You of products or services that may be of interest to You; and unless You have already objected during the registration process, to be disclosed to other members within Our associations, who may contact You about their products or services that may be of interest to You.

If You do not want us to notify you about products and services that may interest You, or You do not wish us to transfer Your data to associates and third parties so that they can contact You about their products or services, and have not objected during the registration process, please email us at email@999tom.com with all relevant information in order that we might comply with your request.
Subject to Your rights of objection set out above, and Your right of objection in the registration process, You agree that You do not object to us, our group companies or third parties contacting You for any of the above purposes whether by fax, telephone, e-mail, in writing, by SMS or by any other means, and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
In the event that Your personal information is no longer used by Us for the purposes described in this document, we will delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law.
In the event that Your personal data becomes untrue, inaccurate or incomplete, or in any event, You have the right to access Your personal data and may rectify the same.
You should be aware that if We are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide information concerning You, We shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your dealings with us, and those dealings are deemed by Us inconsistent with these Terms.
We may use "cookies" and other software so as to be able to build up a profile of Your interests and preferences and this may be used by Us to develop and operate the Service.
We may disclose to third parties aggregated data on Our customers, provided that a single individual is not identifiable in such data.
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Intellectual Property and Right to Use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may not download such material and content or reproduce it in any way.

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Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
We will not be liable, in any way shape or form, for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect or consequential losses.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

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CLIENT TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT OR CONTRACT STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT

1  DEFINITIONS

1.1 In these Terms of Business the following definitions apply:

"Applicant" means the person introduced by the Agency to the Client for an Engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of the Agency's own staff;

"Client" means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;

"Agency" means 999tom.com Limited of PO Box 999, Loughborough, LE11 9AP;

"Engagement" means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee

"Introduction" means (i) the Client's interview of an Applicant in person or by telephone, following the Client's instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a curriculum vitæ or information which identifies the Applicant; and which leads to an Engagement of that Applicant;

"Remuneration" includes base salary and bonus , guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client. Where the Client provides a company car, a notional amount of £5,000 will be added to the salary in order to calculate the Agency's fee.

1.2 Unless the context requires otherwise, references to the singular include the plural.

1.3  The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.

2 THE CONTRACT

2.1  These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of the client's acceptance on-line and subsequent Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction.

2.2  These terms contain the entire agreement between the parties and unless otherwise agreed in writing by Tom Booth the Agency, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.

2.3  No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.

3  NOTIFICATION AND FEES

3.1  The Client agrees:

•  To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;

•  To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and

•  To pay the Agency's fee within 14 days of the date of invoice.

3.2  Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant accepts the offer of the Engagement whether such an offer shall be conditional or not, when the Agency will render an invoice to the Client for its fees.

3.3  The Agency reserves the right to charge interest on invoiced amounts unpaid for more than [ 14 ] days at the rate of [*8% or specify a different rate ] per annum [above the base rate from time to time of the Bank of England or specify your own Bank ] from the due date until the date of payment.

3.4 The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is the amount equal to 12% of the Remuneration applicable during the first 12 months of the Engagement. VAT will be charged on the fee if applicable.

3.5 In the event that the Engagement is for a fixed term of less than 6 onths, the fee in clause 3.4 will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 6 alendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.

3.6 If the Client subsequently engages or re-engages the Applicant within the period of 6calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.4 above becomes payable.

4  REFUNDS

4.1  In order to qualify for the following refund, the Client must pay the Agency's fee within 14 days of the date of invoice and must notify the Agency in writing of the termination of the Engagement within 7 days of its termination.

4.2  If the Engagement terminates before the expiry of 12 weeks from the commencement of the Engagement (except where the Applicant is made redundant) a refund of 8% will be allowed against the Agency's fee for each complete week of the initial 12 week period not worked by the Applicant.

4.3  In circumstances where clause 3.6 applies the full fee stated in clause 3.4 is payable and there shall be no entitlement to a refund.

5  CANCELLATION FEE

5.1 If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Agency a minimum fee of 75% of the Remuneration where the annual Remuneration is £20,000 or less and 50% of the Remuneration where the annual Remuneration is £20,001 or more

6  INTRODUCTIONS

6.1  Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Agency which results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of the Agency's fee as set out in clause 3.4 with no entitlement to any refund.

6.2  An introduction fee calculated in accordance with clause 3.4 will be charged in relation to any Applicant engaged as a consequence of or resulting from an introduction by or through the Agency, whether direct or indirect, within 6 months from the date of the Agency's Introduction.

6.3  Where the amount of the actual Remuneration is not known the Agency will charge a fee calculated in accordance with clause 3.4 on the minimum level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions.

7  SUITABILITY AND REFERENCES

7.1  The Agency endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant's identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work to work in the position which the Client seeks to fill.

7.2  At the same time as proposing an Applicant to the Client the Agency shall inform the Client of such matters in clause 7.1 as they have obtained confirmation of . Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following save where the Applicant is being proposed for a position which is the same as one in which the Applicant ha s recently worked and such information has already been given to the Client.

7.3  The Agency endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.

7.4  The Agency endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.

7.5  Notwithstanding clauses 7.1, 7.2, 7.3 and 7.4 above the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Agency before engaging such Applicant. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.

7.6  To enable the Agency to comply with its obligations under clauses 7.1, 7.2, 7.3 and 7.4 above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date the Client requires the Applicant to commence, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.

8. SPECIAL SITUATIONS

8.1 Where the Applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position which the Client seeks to fill; or the work involves caring for or attending one or more persons under the age of eighteen, or any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Agency will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Applicant, two references from persons not related to the Applicant who have agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Applicant is suitable for the position. If the Agency is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.

9. LIABILITY

9.1  The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Agency to introduce any Applicant. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.

10. LAW

10.1  These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England. They are deemed to have been agreed by the Client through completion of the registration process (which is not possible without agreement to these terms) by forced choice on registration and are transmitted electronically to the client at point of registration also.

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EQUAL OPPORTUNITIES

1 GENERAL

1.1 999tom.com Limited is committed to a policy of equal opportunities for all employees, workers and applicants and shall adhere to such a policy at all times and will review on an on-going basis on all aspects of recruitment to avoid unlawful or undesirable discrimination. 999tom.com Limited will treat everyone equally irrespective of sex, sexual orientation, marital status, age, disability, race, colour, ethnic or national origin, religion, political beliefs or membership or non-membership of a Trade Union and places an obligation upon all staff to respect and act in accordance with the policy. 999tom.com Limited is committed to providing training for all its staff in equal opportunities practice.

1.2 999tom.com Limited shall not discriminate unlawfully when deciding which candidate/temporary worker is submitted for a vacancy or assignment, or in any terms of employment or terms of engagement for temporary workers. 999tom.com Limited will ensure that each candidate is assessed only in accordance with the candidate's merits, qualification and ability to perform the relevant duties required by the particular vacancy.

1.3 999tom.com Limited will not accept instructions from clients that indicate an intention to discriminate unlawfully.

2  SEX AND RACE DISCRIMINATION

Unlawful sex or race discrimination occurs in the following circumstances:

2.1  Direct discrimination

Under the Sex Discrimination Act 1975 and the Race Relations Act 1976 direct discrimination occurs where one individual treats another individual less favourably on grounds of their sex or race than he treats or would treat other persons.

It is unlawful for a recruitment consultancy to discriminate against a person on the grounds of their sex, colour, race, nationality, ethnic or national origins: -

•  in the terms on which the recruitment consultancy offers to provide any of its services;

•  by refusing or omitting to provide any of its services;

•  in the way it provides any of its services.

Direct discrimination would also occur if a recruitment consultancy accepted and acted upon a job registration from an employer which states that certain persons are unacceptable because of their sex, colour, race, nationality, or ethnic or national origins, unless one of the exceptions applies.

2.2 Indirect Discrimination

A claim of indirect discrimination arises when an employer applies a requirement or condition generally, but which is such a proportion of persons from one racial group who can comply with it is considerably smaller than the proportion of persons not of that racial group who can comply with it.

Indirect discrimination would also occur if a recruitment consultancy accepted and acted upon an indirectly discriminatory instruction from an employer.

999tom.com Limited will not discriminate unlawfully when selecting candidates or temporary workers for submission or a vacancy or assignment or in any terms of employment or terms of engagement for temporary workers.

If the vacancy falls within the definition of a genuine occupational qualification or any other statutory exception 999tom.com Limited will not deal further with the vacancy unless the client provides written confirmation of the genuine occupational qualification.

3  DISABILITY DISCRIMINATION

Under the Disability Discrimination Act 1995, disability discrimination occurs if for a reason which relates to the disabled person's disability an individual:

•  treats him less favourably than he treats, or would treat others to whom that reason does not or would not apply, and,

•  the employer cannot show that the treatment in question is justified.

999tom.com Limited will not discriminate against a disabled job applicant or employee on the grounds of disability -

•  in the arrangements i.e. application form, interview and arrangements for selection for determining to whom a job should be offered; or

•  in the terms on which employment or engagement of temporary workers is offered; or

•  by refusing to offer, or deliberately not offering the disabled person a job for reasons connected with their disability; or

•  in the opportunities afforded to the person for receiving any benefit, or by refusing to afford, or deliberately not affording him or her any such opportunity; or

•  by subjecting him or her to any other detriment (detriment will include refusal of training, transfer, demotion, reduction of wage; or harassment).

999tom.com Limited will accordingly make career opportunities available to all people with disabilities and every practical effort will be made to provide for the needs of staff, candidates and clients.

4  AGE DISCRIMINATION

999tom.com Limited will encourage clients not to include any age criteria or other subjective criteria in job specifications and every attempt will be made to persuade clients to recruit on the basis of competence and skill and not age.

999tom.com Limited is committed to recruiting and retaining employees whose skills, experience, and attitude are appropriate to the requirements of the various positions regardless of age.

As far as is reasonably possible and in the most exceptional circumstances no age requirements will be stated in any job advertisements on behalf of the company.

999tom.com Limited will request age as part of its recruitment process but information will not be used in any detrimental way and is for compilation of personal data, which the company holds on all employees and workers.

5 COMPLAINTS AND MONITORING PROCEDURES

999tom.com Limited has in place procedures for dealing with complaints of discrimination. These are available from Tom Booth and will be made available immediately upon request.

6 PART-TIME WORKERS

This Equal Opportunities Policy also covers the treatment of those employees and workers who work on a part-time basis. 999tom.com Limited recognises that it is an essential part of this policy that part time employees are treated on the same terms as full time employees (albeit on a pro rata basis) in matters such as rates of pay, holiday entitlement, maternity leave, parental and domestic incident leave and access to the [Recruitment Company]'s pension scheme. 999tom.com Limited also recognises that part time employees must be treated the same as full time employees in relation to training and redundancy situations.

7. HARASSMENT POLICY

7.1•  999tom.com Limited is permitted to providing a work environment free from unlawful harassment.

7.2  Harassment because of race, colour, creed, sex, sexual orientation, marital status, national origin or ancestry, physical or mental disability, age or religion or any other basis protected by legislation is unlawful and will not be tolerated by 999tom.com Limited

7.3  This policy prohibits unlawful harassment by any employee or worker of 999tom.com Limited

7.4  Examples of prohibited harassment are:-

7.4.1  Verbal or written conduct containing derogatory jokes or comments,

7.4.2  Slurs or unwanted sexual advances

7.4.3  Visual conduct such as derogatory or sexually orientated posters,

7.4.4  Photographs, cartoons, drawings or gestures,

7.4.5  Physical conduct such as assault, unwanted touching, or any interference because of sex, race or any other protected basis,

7.4.6  Threats and demands submit to sexual requests as a condition of continued employment or to avoid some other loss, and offers of employment benefits in return for sexual favours

7.4.7  Retaliation for having reported or threatened to report harassment.

7.5 If you believe that you have been unlawfully harassed in connection with your dealings with 999tom.com Limited, you should make an immediate report to Tom Booth followed by a written complaint as soon as possible after the incident. Your complaint should include:

•  Details of the incident

•  The name or names of the individual or individuals involved

•  The name or names of any witness or witnesses

7.6  999tom.com Limited will undertake a thorough investigation of the allegations. If it is concluded that unlawful harassment has occurred, appropriate action will be taken.

7.7  Any employee who 999tom.com Limited finds to be responsible for unlawful harassment will be subject to the disciplinary procedure and any sanction may include termination

8. GENDER REASSIGNMENT POLICY

8.1  999tom.com Limited recognises that any employee or worker may wish to change their gender during the course of their employment.

8.2  999tom.com Limited will support any employee or worker through the reassignment provided that full medical counselling has been undertaken and 999tom.com Limited has access to any relevant medical reports.

8.3  999tom.com Limited will make every effort to try and protect the employee or worker undergoing reassignment within the work place.

8.4  All employees and workers will be expected to comply with the Law on harassment in the workplace. Any breach of such a policy will lead to the appropriate disciplinary sanction.

8.5  Where an employee is engaged in work where the gender change imposes genuine problems 999tom.com Limited will make every effort to reassign the employee or worker to an alternative role in the Company.

8.6  Any employee or worker suffering discrimination as the result of their gender reassignment should make recourse to the Company.

8.7  Any discrimination complaint will be investigated fully.

COMPLAINTS POLICY AND PROCEDURE

999tom.com Limited is committed to providing a high level service to our customers. If you do not receive satisfaction from us we need you to tell us about it. This will help us to improve our standards.

Complaints Procedure

If you have a complaint, please contact Tom Booth. You can write to him at PO Box 999 , Loughborough , LE11 9AP

Next steps

1. We will send you a letter acknowledging your complaint and asking you to confirm or explain the details set out. We will also let you know the name of the person who will be dealing with your complaint. You can expect to receive our letter within [ 2-5 ] days of us receiving your complaint.

2. We will record your complaint in our central register within a day of having received it.

3. We will acknowledge your reply to our acknowledgment letter and confirm what will happen next. You can expect to receive our acknowledgement letter within [ 2-5 ] days of your reply.

4. We will then start to investigate your complaint. This will normally involve the following steps;

•  We may ask the member of staff who dealt with you to reply to your complaint within 5 days of our request;

•  We will then examine the member of staff's reply and the information you have provided for us. If necessary we may ask you to speak to them. This will take up to 4 days from receiving their reply.

5. Tom will then invite you to meet him/her to discuss and hopefully resolve your complaint. S/he will do this within [ 5 ] days of the end of our investigation.

6. Within 2 days of the meeting Tom will write to you to confirm what took place and any solutions he has agreed with you.

If you do not want a meeting or it is not possible, Tom will send you a detailed reply to your complaint. This will include his suggestions for resolving the matter. He will do this within 5 days of completing his investigation.

1. At this stage, if you are still not satisfied you can write to us again. Another Director of the company will review Tom's decision within 10 days. We will let you know of the outcome of this review within 5 days of the end of the review. We will write to you confirming our final position on your complaint and explaining our reasons. If you are still not satisfied, you can contact the Employment Agencies Standards Office at the Department of Trade and Industry..

If we have to change any of the time scales above, we will let you know and explain why.