Purchase terms for a care provider buying agency staff

A care provider fills rota gaps with agency staff who work with vulnerable people from the first shift, and the regulator holds the provider, not the agency, responsible for who was on duty. Client-side terms have to require the checks and evidence before a worker starts, hold the agency to its own obligations, set rates and cancellation, control the fee when a worker is taken on, and deal with the agency that fails to cover. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Care homes, domiciliary care providers, supported living services and nursing agencies' clients in England and Wales engaging temporary staff from employment businesses to cover shifts and vacancies. These are business-to-business terms for the care provider's side.

What matters in a care provider's agency terms

Checks and evidence before the first shift

The terms should require the agency to supply only workers who have been vetted to the standard regulation 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and the provider's own policies require: identity, right to work, criminal record checks at the appropriate level, references, qualifications, training and, where the role requires, professional registration, with the evidence provided to the provider before the worker starts. A worker whose file arrives after the shift is a regulatory breach, and the terms should make the evidence a condition of supply.

The agency's own obligations

Employment businesses supplying workers are governed by the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and the Employment Agencies Act 1973, which under regulation 22 require them to check suitability for roles involving vulnerable people and to give the client the information the regulations specify, and the terms should require compliance and confirm that the agency employs or engages the workers and is responsible for their pay, tax and, after twelve weeks, the equal treatment rights regulation 5 of the Agency Workers Regulations 2010 gives them.

Rates, shifts, cancellation and cover

Rates should be on an agreed schedule by role and time, with the terms saying that no other charges apply, that shifts cancelled by the provider before a stated point carry no charge, that the agency confirms cover within a stated time and tells the provider immediately if it cannot, and that a worker who does not attend or is sent home for unsuitability is not charged. Where the agency fails to cover a confirmed shift, the terms should allow the provider to recover the additional cost of alternative cover.

Conduct, safeguarding and removal

Agency workers on shift must follow the provider's policies, including safeguarding, medication, record keeping and confidentiality, and the terms should say that the provider may remove a worker from a shift or its premises at any time, that the agency must tell the provider of any concern about a worker, and that the provider's incident reporting obligations to its regulator are met with the agency's cooperation. Residents' data is processed by workers under the provider's instructions under the UK GDPR and the Data Protection Act 2018.

Temp-to-perm fees, payment and ending the arrangement

Where the provider wants to employ an agency worker, regulation 10 of the 2003 Regulations limits how transfer fees may be charged, and the terms should set a fee that complies, or an extended hire period as the alternative the regulations require the agency to offer. Payment is against timesheets authorised by the provider on the stated terms with interest under the Late Payment of Commercial Debts (Interest) Act 1998 applying as agreed, and the provider should be able to end the arrangement on notice and immediately for a vetting or safeguarding failure.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

The agency sent a worker whose criminal record check had not come through. Where do we stand?

If the terms make the evidence of checks a condition of supply before the first shift, the agency is in breach and the shift should not be charged. The regulatory exposure is still the provider's, which is why the terms require the evidence before, not after.

We want to employ an agency worker. What can the agency charge?

A transfer fee within what the 2003 Regulations allow, and the agency must offer an extended hire period as an alternative. The terms should set the fee in advance so that there is no argument when the time comes.

The agency confirmed a night shift and nobody came. Can we charge them?

If the terms say a confirmed shift that is not covered entitles the provider to recover the additional cost of alternative cover, yes. Record the confirmation and the replacement cost.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.