Introduction

The Conduct of Employment Agencies and Employment Businesses Regulations Act 2003 asks B2E Consulting (“B2E”, “Us”, “We”) to have an agreed set of General Policies and Terms of Use in place, before we introduce you (“the Work-Seeker”) to a Client (“Hirer”). This is to safeguard you against malpractice, and it is important that you read and agree with how we operate.

These General Policies and Terms of Use will apply from the time of your registration with us even if you have not signed them and, for the avoidance of doubt, the General Policies and Terms of Use shall not give rise to a contract of employment between B2E and the Work-Seeker.

B2E is prepared to seek work for you solely on the basis set out in these General Policies and Terms of Use.

B2E Consulting General Policies and Terms of Use

1. General

1. B2E Consulting will work as an Employment Business unless otherwise stated.
   
2. B2E Consulting will provide work seeking services to Work-Seekers registered with B2E and whose details are on B2E’s database.
3. B2E is not obliged to offer an assignment to the Work-Seeker and the Work-Seeker shall not be obliged to accept any assignment offered by B2E.
4. B2E Consulting is committed to being an equal opportunities company. If the Work-Seeker has any disabilities that will potentially hinder their application, they agree to let B2E know, in advance, of any reasonable adjustment sought.
5. B2E will process personal data and sensitive personal data (also known as special categories of personal data) relating to you in accordance with: (i) Retained (EU) Regulations 2016/679, UK General Protection (UK GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018 (Data Protection Legislation). This information is used for registration and will subsequently be used to notify the Work-Seeker of other potential projects and business opportunities.  This consent can be withdrawn at any time (see Data Privacy Policy below).
6. If the Work-Seeker is successful in being selected for an assignment and the assignment is deemed inside IR35, the Work-Seeker agrees to operate via B2E’s choice of either a Fixed Term employment contract with B2E Consulting or as a Temporary Agency Worker. If the Client agrees, the Work-Seeker may work from within an Umbrella Company if the Work-Seeker prefers.
7. If the Work-Seeker is successful in being selected for an assignment and the assignment is deemed outside IR35, the Work-Seeker agrees to operate through their own Limited Company operating as a Personal Services Company (PSC), or if the Client agrees and the Work-Seeker prefers, from within an Umbrella Company.
8. If a Work-Seeker is offered an assignment operating through a Limited Company or an Umbrella company, then it will be under a Contract for Services, with associated terms and conditions (please request our Standard Terms and Conditions).
9. If a Work-Seeker is offered a Fixed Term contract with B2E, then it will be under a Contract for Employment with associated terms and conditions  (please request our FTC Terms and Conditions).
10. If a Work-Seeker is offered a Temporary Agency Worker contract with B2E, then it will be under a Contract for Services with associated terms and conditions (please request our TAW Agreement).

2. Prior to Introduction to the Client

1. The Work-Seeker agrees that, where specifically agreed, B2E Consulting may share his/her CV (anonymised to exclude contact details) with potential Clients or Hirers.
2. The Work-Seeker agrees that, where specifically agreed, B2E Consulting may act on his/her behalf and enter into agreements with potential Clients or Hirers to facilitate work-finding services. However, B2E offers no guarantees that when a Work-Seeker is informed of an opportunity, that the client will make an offer of an Assignment.
3. B2E does not guarantee that any work will be found and B2E does not accept any liability if we do not locate any work for the Work-Seeker, nor does B2E guarantee that any work found will be suitable for the Work-Seeker
4. The Work-Seeker recognises that a Client may withdraw an opportunity at any time before an engagement, and whilst B2E endeavours to obtain accurate information from a Client, whether as to a role, duration, nature of work or otherwise, we cannot guarantee its accuracy.
5. B2E may remove the Work-Seekers registration details from B2E’s database at any time.
6. The minimum rate of pay that B2E reasonably expects to achieve for the Work-Seeker will be no less than the National Minimum wage per hour.

3. Work-Seekers Obligations

1. You agree to provide us with a full and accurate summary of your personal employment history, proper evidence of your entitlement to work in the United Kingdom and evidence of any qualifications, such as certificates or diplomas. B2E is unable to sponsor any visa applications.
2. You agree to provide us with any information we reasonably request which is relevant to the decision of a Client to engage you. We may request details relating to your health where this may affect your ability to perform tasks which are intrinsic to the role. Where we do request this, you agree to provide us with your medical report and/or occupational health report and B2E and a relevant third party being given access to your medical report and occupational health report so that they can review your medical history as part of their examination. We may also request details of any criminal convictions in accordance with our statutory obligations.
3. You agree to inform B2E of any complaint made against you that is relevant to your professional competence or conduct.
4. You agree to notify B2E immediately of any change in any of the information that you have provided to B2E at any time.
5. You agree to our retention and use of all information and documents we obtain, either from you or from any other party relating to you for the purpose of both our work finding services and our statutory obligations.
6. You agree to the provisions of such information and documentation to a Client and relevant use by the Client. You may withdraw your consent by notice in writing to us at any time.

4. If a Work-Seeker is supplied by B2E to a client

1. The Work-Seeker agrees to provide professional references, from persons not related to the Work-Seeker, to cover the previous 2-5 years of activity/employment (depending on client requirements), and agrees that B2E Consulting may disclose or provide copies of these references to a 3rd party at a time agreed with the Work-Seeker.
2. If relevant, the Work-Seeker agrees to provide information about the Limited Company or Umbrella Company that they will work though (including but not limited to name, registered address, companies house registration number, VAT registration number (where applicable), Professional Indemnity and Public Liability insurance details).
3. The Work-Seeker agrees to undergo identify checking and if the Work-Seeker is entering into a Fixed Term Contract with B2E Consulting, they agree to provide their P45.
4. The Work-Seeker agrees to give B2E confirmation (and where necessary copies or evidence of) any training, qualifications or authorisation considered necessary by the Hirer, or required by law, to undertake the work that they are supplied to complete.
5. The Work-Seeker agrees to undergo any additional checks that the client may require. Typically, this will include (but is not limited to) a criminal record check and a credit check.
6. The Work-Seeker whom B2E Consulting supplies must provide B2E with a correctly authorised timesheet or verification of the execution of consultancy services for payment. In addition, for those operating through a PSC or an Umbrella company, they must provide B2E with an invoice.
7. Subject to 6. above, B2E will pay those Work-Seekers it supplies for work completed, regardless of receipt of payment from the end client or Hirer.
8. Remuneration will be paid monthly in arrears, subject to 6. above.
9. Where the assignment is deemed Inside IR35, the Work-Seeker will be entitled to be paid in respect to their holiday entitlement, which will be no less that that provided for in the Working Time Regulations 1998. However, Work-Seekers are not provided any paid days holiday; all B2E Consulting rates include an allowance for personal holiday time (this is called “Rolled Up” holiday pay).

5. Declaration

1. The Work-Seeker is not an employee of B2E unless they have signed a contract of employment, and is not entitled to the corresponding employment law rights.
2. The Work-Seeker agrees that they have not relied on any representations made by B2E that are not set out in these General Policies and Terms of Use.
3. The failure by B2E to enforce at any time any one or more of the terms of these General Policies and Terms of Use shall not be deemed a waiver of such rights or of the right to subsequently enforce the terms of these General Policies and Terms of Use.
4. If any provision of these General Policies and Terms of Use (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or unlawful, the other provisions shall remain in force.
5. If any invalid, unenforceable or unlawful provision would be valid, enforceable or lawful if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intent of the parties.
6. These General Policies and Terms of Use are governed by the laws of England & Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.

This notice sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a regulation which replaces the Data Protection Regulation (Directive 95/46/EC) The Regulation aims to harmonise data protection legislation across EU member states, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate.

Your rights under the GDPR are set out in this notice, and were last updated on 28/10/2024

What information do you collect?

In order to carry out our core consulting activities, B2E Consulting (“B2E” or “the Firm”) will collect, hold (in hard copy and computer readable form) and process your personal data, which may include: your name, address and post code; private and corporate e-mail address and phone number; financial information and compliance documentation; references verifying your qualifications and experience and your right to work in the United Kingdom; curriculum vitae and photograph; employment details and preferences; links to your professional profiles available in the public domain e.g. LinkedIn, Twitter, Facebook for Business or corporate website.

If B2E supplies you to a client, we are required by law to collect proof of identification and proof of the right to work in the UK. We may also need to collect sensitive personal data relating to you, including any disabilities we need to take into account to help you in a role, National Insurance number and criminal offences or proceedings. In order to complete our contract obligations to you, if we supply you to a client, we will also need to collect your company’s bank account details.

Any diversity data that we collect can only ever be viewed as an aggregrate as part of our diversity monitoring – it can never be viewed at individual level and will never be disclosed to a client.

How do you collect this information?

The information we collect about you will be provided by you, either by filling out a form on our website or by corresponding with us by phone, e-mail or otherwise. It will also include information you provide when you register to use our website, subscribe to our services, attend our events, participate in discussion boards or other social media functions on our website, enter a competition, promotion or survey, and when you report a problem with our site.

We may also obtain information about you from other sources such as LinkedIn, corporate websites, job board websites, online CV libraries, your business card, personal recommendations, and any relevant social media sites. In this case – and within 30 days of collecting – we will inform you that we hold this personal data, the source the data originated from, whether it came from publicly accessible sources, and for what purpose we intend to retain and process your personal data.

Where do you store my personal data?

All information stored on our recruitment software is secured through the Microsoft Azure Infrastructure and located at two data centres locations within Europe. Our primary centre is located in Microsoft’s Western European centre, and these facilities are secured by a series of measures, including (but not limited to) biometric access, security alarm systems and round-the-clock security staff. Additional security information on Microsoft’s data centres can be found here.

What will you do with my personal data?

We will send you targeted emails based on:

• roles we think you will be interested in
• a newsletter every 2 months
• invitations to events and training workshops
• account administration

You can change your email preferences or opt out at any time by updating your profile at https://www.b2econsulting.com/consultant-area/

If we supply you to a client, we will use your data to facilitate the submittal of timesheets and payment of invoices. We will also use it, as required by law, in our reporting to HRMC.

Choice and transparency

Every email we send through our bulk mailer will include an opt out link. In addition:

• every time you apply for a role you are required to check your personal data and confirm your email preferences
• once every two months we will send you a reminder to ensure the personal data we hold for you is accurate
• outside of these times, you can log into our portal and change your personal data and email preferences at any time

Who will you share my personal data with?

B2E Consulting will share your personal data with the 3^rd party SaaS suppliers (iCIMS, Firefish, M365, Dropbox and Timesheet Portal) that we use to provide our business platforms. We have confirmed that they are fully GDPR compliant, and their data security policies can be provided on request.

We will only disclose or transfer your personal data (including sensitive data) to other parties or prospective employers with your explicit prior consent, or if it is required by law to do so. However we may share an anonymised version of your CV with potential clients as an example of the capability of our community, and we may use anonymous summarised data in the same way.

B2E will never sell, share (or gift) your data to a 3rd party outside of this.

B2E may transfer and disclose personal data, as set out above, regardless of the country of residence of the prospective employer to whom the data is to be transferred. Countries outside the European Economic Area may not have equivalent regulations regarding the processing of personal data, but where the disclosure or transfer is to a prospective employer outside the European Economic Area, B2E will confirm your authorisation and will take reasonable steps to ensure that your rights and freedoms in relation to the processing of the relevant personal data are adequately protected.

How long do you keep my data for?

We retain different types of data for differing periods of time. The criteria we use to determine whether we should retain your personal data and how long for includes:

• The nature of the personal data
• The perceived accuracy of your data
• Your engagement levels with our services
• Our legal obligations following an offer or when a placement has been made.

We may archive part or all of your personal data, or retain it on our financial systems but delete all or part of it from our recruitment software system. On removal, we may anonymise parts of your data – particularly following a request for suppression or deletion of your data – to ensure we do not re-enter your personal data to our database, unless you have requested us to do so.

Our current retention period for data on candidates who have not been placed, or are no longer showing any signs of engagement with our website, is 5 years.

Where we have supplied you to a client, your financial data and Supplier Diversity information will be deleted at the end of your project.

How can I check that my data is accurate?

B2E will send you regular reminders to check and update your data, and you will be checking your details every time you apply for a role. You can also check and update your data by clicking here at any time and logging in using your email address.

If your personal data is held on our timesheet portal, you will also be given a login to confirm that the data held there is correct.

B2E takes every reasonable precaution to ensure that we only hold up-to-date information about any member of our community. Your co-operation in helping us to keep your own personal data accurate, by updating it yourself or by informing us of any change of name or change of address is an important aspect of this.

Your rights

GDPR provides you with the following rights:

• The right to be informed about the personal data we process on you
• The right of access to the personal data we process on you
• The right to rectification of your personal data
• The right to erasure of your personal data in certain circumstances
• The right to restrict processing of your personal data
• The right to data portability in certain circumstances
• The right to object to the processing of your personal data
• The right not to be subjected to automated decision-making and profiling.

We encourage you to log in to your profile through our website to ensure your data is accurate, complete and up to date at all times.

Changes to our privacy notice

Any changes we make to our privacy notice in future will be posted on this page and, where appropriate, you will be notified by e-mail.

Who do I talk to if I have any concerns?

If you make a written request to the Data Protection Manager, you are entitled to receive a copy of your personal data held by B2E, which we will make available within a month. Such requests may be made free of charge at reasonable intervals, but if we feel that they are excessive, we may charge a small administrative fee.

Please email any questions, concerns or comments you have to the Data Protection Manager at info@b2econsulting.com or write to The Data Protection Manager, B2E Consulting, 2nd Floor, Winchester House, 19 Bedford Row, London, WC1R 4EB.

ICO – Data Protection Registration Number Z1053925